Lawsuit regarding March 2012 Main Street building fire has court date early next month
by Franklin Clark, Reporter -- fclark@cadizrecord.com
Aug 27, 2014 | 24 24 recommendations | email to a friend | print
<i>Franklin Clark/Cadiz Record<p>
The area of 44 and 46 Main St. (above) has been green space since mid-2012, after a fire that March that destroyed the buildings that once stood there. Pictured below is the former building immediately prior to its demolition.</i>
Franklin Clark/Cadiz Record

The area of 44 and 46 Main St. (above) has been green space since mid-2012, after a fire that March that destroyed the buildings that once stood there. Pictured below is the former building immediately prior to its demolition.

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<i>file photo/Cadiz Record</i>
file photo/Cadiz Record
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A hearing on a lawsuit against filed a local business owner is set for 9 a.m. on Wednesday, Sept. 10.

In the lawsuit, Tim Futrell alleges that David Chestnut, owner of 44 and 46 Main St., allowed an improper fill on his property after the building burned down in March 2012. That improper fill, he alleges, has caused water damage and mold in his adjacent property, resulting in health problems.

In the complaint, which was filed last year Futrell alleges that he has “suffered property and economic loss, and pain, suffering, mental anguish and inconvenience, and permanent bodily injury, and accrued and future medical expenses, with damages exceeding the minimum amount to invoke jurisdiction of circuit courts of this Commonwealth in cases of this sort.”

The suit was filed against Kentucky, Inc., David and Emily Chestnut, John Oliphant and Oliphant Construction, and Daniel Whitfield, Eric Mayfield, Aaron Hawkins and William Flood, the four of whom are listed as having resided in the now-gone building.

For the rest of this story, see this week's issue of The Cadiz Record or subscribe to our e-Edition by calling 270-522-6605.
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