Commission files lawsuit against Capitol Flea Market leaseholder following flood concerns

Friday’s court filing, the Commission says, is to enforce their August 16 emergency Public Nuisance Violation
Kanawha County Commission
Kanawha County Commission(Kanawha County Commission)
Published: Nov. 18, 2022 at 7:41 PM EST
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KANAWHA COUNTY, W.Va. (WSAZ) - The Kanawha County Commission has filed a lawsuit in Kanawha County Circuit Court against the parties they claim are responsible for repeated flooding near the Capitol Flea Market.

Serious flooding became a problem at the property after heavy storms on August 15, 2022. Multiple properties along the 2000 block of Greenbrier Street were flooded as a result.

“The flooding has resulted in the periodic blocking of portions of Greenbrier Street,” the complaint states. “rendering its residents with a lack of access to/from their homes/businesses and obstructing emergency fire and medical services.”

An investigation by The Kanawha County Office of Planning and Community Development found the water was being held back by a collapsed culvert system under the parking lot of the Capital Flea market. The Planning Office issued an emergency Public Nuisance Violation on August 16 against both the property owner and the lessor.

On August 19, a contractor began pumping water out of the collapsed culvert system. Then on August 24, the Kanawha County Department of Planning and Development issued a letter to the lessor requiring a building permit, and a Plan of Action to fix and repair the culverts.

Friday’s court filing, the Commission says, is to enforce their August 16 emergency Public Nuisance Violation. The complaint claims the lessor has not taken the steps to repair the collapsed culvert violating multiple sections of the County’s Public Nuisance and Property Maintenance Ordinance.

The complaint continues, claiming because of the conditions of the defendant’s property, the Commission and citizens of Kanawha County have suffered and will continue to suffer property damage, loss of access, inability to provide and/or access to emergency services, danger, and apprehension of anyone traveling in the area.

The Commission seeks among other things injunction relief, compensatory and punitive damages and all damages allowed by law, attorney fees and costs, and pre and post-judgment interests.