KINGWOOD — A mobile home park owner is suing Preston Sheriff Dan Loughrie, saying his department failed to enforce judgments issued by the court.
Indian Rocks Estates, LLC filed suit in Preston County Circuit Court. The company asks the court to compel Loughrie, “to perform the duties of his elected office, reimburse the Petitioner for its cost in bringing this action and to order any other relief deemed appropriate by this Court.”
The sheriff’s department said Friday it does not comment on pending litigation and had not been served yet with the suit.
Indian Rocks is a mobile home park on Veterans Memorial Highway (W.Va. 7) east of Reedsville.
According to the lawsuit, on Aug. 15, 2017, and Oct. 16, 2017, Indian Rocks obtained judgments against two different couples for wrongful occupation. On Nov. 30, 2017, they obtained a verdict against another woman.
“In each case, removal of the respective mobile home was ordered in addition to money damages.” Copies of the magistrate court orders are filed with the lawsuit.
On March 26, the Preston Magistrate Court told Indian Rocks’ attorney to contact the sheriff to enforce the orders, but, “the Sheriff refused to take enforcement actions.”
On May 10, the attorney filed writs of possession and writs of fieri facias (a writ of execution after judgment) in Preston Magistrate Court in all of the cases. The writs were issued to the sheriff.
As previously reported by The Dominion Post, in January, Loughrie told the Preston County Commission he didn’t have the manpower to deliver all the civil writs of execution. His comments came after a man complained to commissioners judgment hadn’t been enforced in his case.
At the time, the Preston County Magistrate Court reported 50 writs of execution were issued in 2017, including 44 to be served in Preston County. Loughrie said more than 100 writs of execution had been issued in the past year. His department served more than 1,500 papers in 2017, not including writs of execution, the sheriff said.
Indian Rocks’ attorney said he contacted the sheriff July 2, July 17 and Aug. 15, to ensure enforcement.
In the July 2 letter to Loughrie, attorney Jason Wingfield, of Gianola, Barnum, Bechtel & Jecklin, LC, wrote, “I wish to avoid unnecessary and costly litigation seeking extraordinary mandamus relief against your Department. Frankly, I would just like to have the documents served and the process move along as provided by the Code. I am writing this letter to invite you to discuss a resolution to the impasse created by your Department.”
According to the suit, Loughrie said the former process server had retired and been replaced by Rick Turner. Turner told the attorney he wasn’t familiar with, “the processes associated with enforcement actions,” according to the suit.
The attorney contacted the Monongalia County Sheriff’s Department for information on the procedures. A process server told the attorney he had “recently” done some training of Preston County and would do more if asked.
Also included in the suit is a handwritten note, signed by Preston Magistrate Eugene Jenkins.
The note says: “Mr. Wingfield, I feel the show cause hearing is a waste of time. If they haven’t moved out, or removed their trailer, you are to call the sheriff and have them removed.”
As of the filing of the suit on Nov. 5, “no enforcement action has commenced and the tenants are still residing on the land of the Petitioner, denying the Petitioner access to its land and the opportunity to lease the land to profitable tenants.”
