| Calhoun magistrate Teresa Robinson dismissed two civil cases yesterday
against the Town of Grantsville, without prejudice.
The lawsuits were brought against the town by two residents claiming
damages related to a collapsing sinkhole in the street that spews water when
it rains. The water spills over their property.
Robert Petrovsky brought the first suit, claiming Florence Street has been
collapsing for at least 20 months, and numerous requests to the town have
not
remedied the problem.
He was requesting $3,500 for his labor and time, including water he has used
for
clean-ups, among other costs related to the suit.
The Davis family sued for $4,999.99 plus court costs, related to their
damages.
The town has been conducting some work on the problem.
The town's response through attorney Kevin Postalwait said one or both
complainants failed to state a claim upon which relief could be granted.
Postalwait's 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 owed 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."
The suits could now go to circuit court. | 
