| Lawsuits keep coming over the condition of a Grantsville street.
The Town of Grantsville has now answered a civil suit regarding a
collapsing street and requests dismissal of the case, according to
documents filed in Calhoun Magistrate Court.
Robert Petrovsky, who brought the suit, claims Florence Street has
been collapsing for at least 20 months, and numerous requests to the
town have not remedied the problem.
The town's response through attorney Kevin Postalwait says
complainant Petrovsky failed to state a claim upon which relief could
be granted.
The response also says the town asserts absolute immunity pursuant
to WV Code, the town did not act negligently, the town did not breach
any legal duty owned to the plaintiff and the town is without
"sufficient knowledge of information to either admit or deny the truth
of the factual allegations of the complaint."
Petrovsky's suit says every time it rains trash erupts from a drain and
comes onto his property, after which he spends several hours cleaning
up, including attempts to fill the sink hole.
He is requesting $3,500 for his labor and time, including water he has
used for clean-ups, among other costs related to the suit.
Meanwhile, Petrovsky's neighbor Douglas Davis has filed a second suit
against the town over the sinkhole problem. Davis is the husband of
town council member Cheryl Davis.
Davis' suit claims "For the past two years, I have contacted the city
about collapsed drains at the corner of Mill and Florence Streets and
requested that it be taken care of."
"Every time it rains my basement fills with water and debris is on my
yard, which causes hardship to my health. I have spoken to town
council and the mayor, but with mildewing, which crates breathing
problems, I need this matter resolved," said Davis.
He requests the balance of $4,999.99 plus court cost in the amount of
$70 plus interest from the date of the judgment.
Both suits have been filed in Calhoun Magistrate Court, which requires
civil actions under $5000.
Petrovsky's case will likely be heard sometime in August.
Florence Street has been closed to traffic for several weeks.
A Town Council meeting is scheduled for Monday. The civil suits are not listed on the agenda. Two items include the hiring of Cerrone Associates to develop architectural plans for a new town hall and a report from the new Town Hall Committee by Frank Venezia.
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