Associated Press Published

Mall Owner Sues West Virginia's Department of Transportation

Flood, Elkview

The owner of a West Virginia mall has filed a lawsuit against the state Department of Transportation, alleging that the state should have been responsible for repairs to the mall’s access bridge, which was washed out during a 2016 flood.

The Charleston Gazette-Mail reports Tara Retail Group, which is headed by Bill Abruzzino, filed the lawsuit last week that says the department owns and has a legal responsibility to repair the right of way, including the bridge that provides access to Crossings Mall in Elkview.

The lawsuit states that the department’s refusal to repair the bridge constitutes a taking of the group’s property.

The Transportation Department said in its response that the company is obligated to repair the bridge and that it acknowledged the responsibility. The agency filed a motion to dismiss.