Fayette County, WV (WOAY) – On Wednesday, August 26, an order granting a default judgment on liability was issued by Judge Tom Fast of the Circuit Court of Fayette County regarding debt owed to E. L. Robinson Engineering by Kanawha Falls PSD.
This default judgment is in favor of the engineering firm, and a hearing was scheduled for Wednesday, September 23 at 1:30 p.m. to determine the amount of damages they are entitled to.
Those damages could include breach of contract or unjust enrichment, pre-judgment interest, post-judgment interest, and reasonable attorneys’ fees and costs.
This conclusion was reached as Kanawha Falls PSD has failed to plead or appear to defend this action.
On July 24th, there was a hearing regarding this case, and Kanawha Falls PSD was not present despite being properly notified.
The West Virginia Public Service Commission and West Virginia American Water did attend the hearing, and the judge granted American Water a limited intervention in the case.
E.L. Robinson sued Kanawha Falls for debt owed them, which they allege was not included in the purchase agreement negotiated by the Fayette County Commission with American Water.
Meanwhile, the West Virginia Department of Environmental Protection has filed a motion for default judgment against Kanawha Falls in its separate case over alleged Clean Water Act violations.
