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Environmental Damage Cases
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The Board of Supervisors of Fairfax County, Virginia v. Governors Run, L.P. and
Airston Group III, Inc.:
Before District Court, Fairfax County, Virginia; on behalf of defendant re:
allegations of damages from off-site sedimentation, off-site stream channel erosion,
construction of inadequate outfall, and submittal of inadequate plans, after
construction of project. Prepared expert report, coordinated other experts,
assisted in mediation, assisted in preparation of experts’ statements, and
assisted in affidavits for spoliation motion and evidentiary challenges.
Case dismissed by plaintiffs after submittal of defendant's expert reports.
Roy H. James and Summerfield Farms, Inc. v. United States of America:
Before United States Court of Federal Claims, Washington, DC; on behalf of
defendant re: allegation of damages from inverse condemnation of land due to
reduction in groundwater drainage adjacent to U. S. Fish and Wildlife Service’s
Pocosin Lakes National Wildlife Refuge. Prepared expert reports and deposition
testimony; case settled with acquisition of property.
Piedmont Triad Airport Authority v. Charles G. Sims and Karen L. Sims:
Before Superior Court, Guilford County, North Carolina; on behalf of defendants
re: valuation of property that was condemned, allegations of flood plain, wetlands
and non developable land by plaintiff. Prepared expert report, deposition testimony,
assisted in deposition of plaintiff’s experts, and court testimony; defendants
were award a substantial increase in the value for the property by the jury.
Caswell County Board of Education vs. North Carolina Department of Environment and
Natural Resources:
Before North Carolina Industrial Commission, Raleigh, North
Carolina; on behalf of plaintiff re: allegations of damages from failure of large
subsurface wastewater disposal system and improper permitting. Prepared expert
report, valuation of damages, and statement of alleged wrongful acts. Case settled.
Larry Davis, et al. v. City of Mebane, City of Graham, and W.M. Piatt & Company:
Before Superior Court, Alamance County, North Carolina; on behalf of plaintiffs re:
allegation of damage due to downstream flooding caused by municipal construction
project. Assisted in expert report, deposition testimony, and prepared affidavits.
Case was dismissed upon summary judgment and affirmed by North Carolina Court of
Appeals.
North Carolina Department of Transportation v. James M. and Jasper C. Williams:
Before Superior Court, Cumberland County, North Carolina; on behalf of defendants
re: valuation of property condemned for new roadway, and allegations of devaluation
due to wetlands in the taking. Prepared expert report; case pending for trial.
Piney Mountain Homeowners Association v. North Carolina Department of Environment,
Health and Natural Resources:
Before Superior Court, Wake County, North Carolina; on behalf of plaintiffs re:
allegations of improper permitting and inspection of wastewater system. Prepared
expert report, valuation of damages, statement of alleged wrongful acts, and assisted
in deposition of defendant’s regulatory staff. Case settled upon award to plaintiffs.
Piney Mountain Homeowners Association v. Piney Mountain Partnership, Withers and
Ravenel, P.A., North State Utilities, Inc. and EF-TEK Services, Inc.:
Before Superior Court, Wake County, North Carolina; on behalf of plaintiff re:
damages resulting from alleged improper design, permitting, and construction of
wastewater system. Conducted investigation, prepared expert report, and assisted
in settlement agreement with award to plaintiff.
Valentino, Patrick v. MacGregor Development, Inc.:
Before Superior Court, Wake County, North Carolina; on behalf of plaintiff re:
allegation of sedimentation damage to lake. Prepared expert report and valuation
of damages. Case settled with award to plaintiff.
Dr. J.D. Robinette v. Alexander County Health Department and North Carolina
Department of Environmental Health and Natural Resources:
Before Superior Court,
Alexander County, North Carolina; on behalf of plaintiff re: alleged damages
resulting from termination of permits after filing of false documents by State
and County regulatory agents. Conducted investigation, prepared expert report,
and presented court testimony. Superior Court ordered substantial award to plaintiff,
which was overturned by North Carolina Court of Appeals.
H & W Development, Inc. v. Durham County Health Department:
Before Superior Court, Durham County, North Carolina; on behalf of plaintiff re:
damages due to allegations of failure to permit wastewater facilities. Conducted
investigation, prepared expert report, valuation of damages, deposition testimony,
and presented court testimony. Case settled after court testimony for substantial
award to plaintiff.
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