KINGWOOD — The Preston prosecutor is asking the court to dismiss a lawsuit filed against Sheriff Dan Loughrie.
Last month, Indian Rocks Estates, LLC, filed suit against the sheriff in Preston Circuit Court. It asked the court to compel Loughrie to, “perform the duties of his elected office.” Indian Rocks, a mobile home park, said Loughrie failed to enforce judgments for wrongful occupation.
In the motion filed this week, Preston Prosecuting Attorney Melvin C. Snyder III asks the court to dismiss the suit. Snyder says that the petition filed by Indian Rocks says, “Jurisdiction and venue are proper in the Circuit Court of Monongalia County.”
But, Snyder writes, Indian Rocks and the events it lists in the suit are in Preston County.
“Consequently, the ‘Jurisdiction’ recitation in the Petition was incorrectly drafted by Petitioner’s Counsel and attested to by the Petitioner,” Snyder writes. He does not mention in the motion to dismiss that the sheriff’s name is misspelled as “Danial” Loughrie in the title of the suit.
No court date has been set on the motion. Indian Rocks is represented by attorney Jason E. Wingfield of Gianola, Barnum, Bechtel and Jecklin, L.C. Wingfield did not respond to a request for comment in time for this report.
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, it obtained a verdict against another woman.
The sheriff refused to enforce the orders, according to Indian Rocks, despite being contacted by its attorney.
It’s not the only time complaints of non-enforcement of judgments have been leveled against Loughrie. In January a man complained to Preston County Commissioners that his judgment was not enforced.
At the time, Loughrie said he didn’t have the manpower to deliver all the civil writs of execution his office receives.
