Judge dismisses city’s lawsuit
By ANTHONY GAYNOR, Staff WriterRandolph County Circuit Court Judge Jaymie Godwin Wilfong dismissed a civil lawsuit Wednesday brought forth by the city of Elkins in an attempt to recoup about $13,000 it spent to demolish a home at 107 Graham St.
The complaint, filed in January, named Margaret Beckwith, Earl Kerr Jr. and Norma Metzger as heirs of the Mary M. Kerr estate, along with Chad Arbogast and any unknown heirs of the estate. The lawsuit sought summary and default judgements.
Wilfong dismissed the case against all the respondents, and Metzger had a motion of summary judgment awarded at an earlier date.
Arbogast, who was represented by attorney David Wilmoth, filed a counterclaim for $15,000 because he believed he was erroneously included in the complaint.
City Attorney Rob Chenoweth told the court that the city demolished the structure based on a recommendation from the Elkins Enforcement Agency. Under city and state codes, the city had the ability to bring suit against the responsible property owners to recover losses. Chenoweth said Beckwith and Kerr were responsible property owners because they are the heirs to the property. He said the estate has not been settled but state and city code allows the city to "go after other responsible property owners."
Chenoweth said Arbogast was named in the suit because he had a potential interest in the property by purchasing a tax lien. He said the city redeemed the tax lien on the property Nov. 18, which cut Arbogast from any interest in the property. Chenoweth said the part of the motion seeking judgement against Arbogast was now moot.
Chenoweth also filed a motion to dismiss Arbogast's counterclaim.
Beckwith, who represented herself, made her opening statements saying since she was the oldest child in the family, she felt it was her responsibility to take care of the property. She said she and her husband, Elkins 1st Ward Councilman Rob Beckwith, put their own money into the property.
"This all started after Rob was elected to City Council," Beckwith said. "We paid all the bills, taxes, homeowner's insurance and fire service fees."
She said they stopped putting money into the property because of other responsibilities and that is when the "harassment intensified."
She said her brothers and sisters would not settle the estate.
"I have never seen a will in my life, signed or not signed, if it does exist," Beckwith said. "My brother told me I was to be the executor of the estate and represented that to the enforcement agency."
Beckwith said she began paying the bills at the property again, purchased a tax lien on the property twice but received a phone call from the former county clerk that she could not purchase the lien because she was a potential heir.
She claimed the situation with the property caused her "great heartache, embarrassment and turmoil." She said there was harassment from former Elkins Mayor Judy Guye and others from City Hall.
"My argument today is a very simple one," Beckwith said. "I do not own or never have owned the property at 107 Graham St."
Beckwith said before the hearing she took a legal step to dissolve herself from any inheritance from her mother. Beckwith asked the court to dismiss the case against her.
Wilfong then heard from Wilmoth who said that Arbogast gained no interest in the property by purchasing a tax lien and was not a responsible party.
"At the time of the demolition he (Arbogast) had no control over the property, nor did he have a lien purchased," he said.
According to Wilmoth, Arbogast went to the city and said he had no interest in the property and he was not responsible, but the city still named him in the suit. He claimed the city did not take action to remove Arbogast from the suit until he hired an attorney.
Chenoweth said the city redeemed the lien because it cut off Arbogast's right to the property and eliminated the issue so the city could deal with Beckwith and Kerr.
Chenoweth then responded to Beckwith's motion to dismiss the case. He said what Beckwith constituted as harassment is what state and city codes allow the city to do to resolve issues with property owners. He said the city received numerous complaints about the property and nothing had been done.
"The city had to eventually put its foot down," Chenoweth said. "The city's intent was not to harass Mrs. Beckwith or the others."
Wilfong said none of the named defendants are owners of the property and if the estate is settled then a lien can be filed. Wilfong granted Beckwith's motion to dismiss and Arbogast's counterclaim. She said Arbogast should have never been involved.
After the hearing, Chenoweth said the case was over unless the city decided to appeal the decision to the West Virginia Supreme Court.
"I have felt for the past few years that the city of Elkins and certain city officers and employees have pursued this situation about the property at 107 Graham St. in Elkins in a very personal and harassing way," Beckwith told The Inter-Mountain following the hearing. "As well, it has political implications due to my husband's position on City Council and it has caused us both mental anguish because we are the only family members who tried to maintain the property and preserve what may parents worked for."
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elkinsguy
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12-04-09 10:18 AM
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That's exactly what I'm talking about country girl....the bank should be made to take care of that property so you don't have to live by it.....that isn't fair to you and the other neighbors.
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audyhaze
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12-03-09 10:40 AM
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Judge Wilfong again did an outstanding job in juris prudence here in this case. Dave Wilmoth also did a good job. He and Richie Shryock are good lawyers. I have to admit that I was circumspect of Judge Wilfong when she was elected to this office. Judge Wilfong is better than Henning. Judge Wilfong wades thru the BS and comes to a verdict, response or answer that is correct. Judge Wilfong renders the law exactly how it should be without favor, malice or predjudice. I salute Judge Wilfong and her staff and court for doing her job. Elkins just cannot destroy anyone's property, life or reputation simply to improve a property. Rights are rights even down to the lowest creature. Thanks Judge Wilfong for your Service.
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countygirl
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12-03-09 10:33 AM
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ok elkins guy ? i live in aa small community and live by a rat hole? it been cought on fire and the person that lived there left trash all over and now a local bank has owned it for a year and will not do anything about it. I keep mine clean and have to put up with this rat problem. The grass is taller than me. and a bank owns this.
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elkinsguy
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12-03-09 10:21 AM
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What is with all the drama? The city of Elkins should receive a standing ovation for getting rid of another property that needs torn down. They don't do enough of that! Whatever happened to contacting the owners of properties in Elkins that are eye sores and having the owners fix them up within a certain time frame or having them torn down at the owners expense? The city of Elkins should go out today with a tablet and pen and start writing down every address this affects and then maybe we can clean up our city. To those who think this is extreme, take a look around the rest of the country....they do this everywhere, it's just Elkins is always 10 years behind the rest of the world.
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