POINT PLEASANT — A pending civil case in Mason County Circuit Court pits the City of Point Pleasant against a former mayor and his brother.
Former Mayor John Musgrave and his brother Raymond Musgrave, had previously approached city council, speaking about how they felt the city’s construction of the North Point Pleasant Drainage Project (NPPDP) had damaged their property in Point Pleasant, also taking issue with the removal of dirt from the property.
A civil action has been filed in Mason County Circuit Court, where the Musgraves claim, after the city gained a right of entry at the property, its contractors on the project commenced excavation and removal of dirt, without “just compensation.”
In addition, the Musgraves claim the construction of the NPPDP affected access to their property. The brothers further claim the city failed to institute eminent domain proceedings against the Musgraves and failed to pay damages for the taking of their real estate and damages to the residue of their real estate.
The claim also states the city’s “negligent and continued water and sewer runoff” over the Musgraves’ property had created an “ongoing nuisance.”
The property in question is described as being located in the area of 22nd Street and Monroe Avenue.
In addition to the Musgraves, there were several other property owners involved in the NPPDP in that the city had to obtain easements from these property owners to complete the federally mandated project which was finally completed this year. The initial cost on the project, meant to mitigate stormwater runoff, was around $4 million.
Representing the Musgraves are Attorneys C. Dallas Kayser and Matthew L. Clark, while the city is being represented by the firm of Shaw & Shaw. A hearing in this case was held last week in circuit court but the outcome was not known at press time.
Representatives from both the City of Point Pleasant and the Musgraves were contacted for comment on this story but declined.
Reach Beth Sergent at [email protected] or on Twitter @BSergentWrites.