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IN THE DELAWARE COUNTY COURT OF COMMON PLEAS
STATE OF OHIO
David R. Bargar
Vicki R. Bargar
7720 Liberty Rd. : Case No. ()'7-CN-H - OF- 1009
Powell, OH 43065
Plaintiffs 2 Judge: W. DUNCAN WHITNEY |
v. 2
Columbia Gas of Ohio, Inc. :
200 Civic Center Dr. JURY DEMAND ENDORSED
Columbus, OH 43216-0117 3 HEREON
and
3 Ro
JOHN DOE(S) 3 BS
[NAME AND ADDRESS UNKNOWN] 22
oo ne
Defendants : N a2
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COMPLAINT v 62
> 25
n 37
COUNT I- TRESPASS
1. Plaintiffs David and Vicki Barbar, being husband and wife, are the owners
of the property located at 7720 Liberty Road, Powell, Ohio.
2. On or about September 6, 2005, Defendant unlawfully entered and
trespassed upon Plaintiffs’ property, cutting and removing numerous mature and other
trees, bushes, shrubs, saplings and/or other vegetation without authorization of consent of
Plaintiffs, and otherwise damaging Plaintiffs’ land and property. The removal of said
trees, bushes, shrubs, saplings, and/or other vegetation deprived Plaintiffs of a natural
barrier to traffic and noise therefrom on the roadway fronting their house, and Defendant
further significantly disturbed the land, damaged their driveway, and caused flooding on
the property. O00
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(00074935654
COMPLAINTPea
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3. Plaintiffs have been significantly damaged by Defendant’s conduct,
including loss of the value of the trees, bushes, shrubs, saplings, and/or other vegetation.
removed, diminished value of their property, the cost of replacing the trees, shrubs,
saplings, and/or other vegetation, the loss of compensation for the value of the removal of
such property, personal time and effort incurred in attempting to restore the property, and
they have suffered mental anguish and distress. Defendant has caused damages to
Plaintiffs in an amount greater than $25,000. Defendant’s conduct was further
undertaken maliciously, being done with a reckless disregard for the rights of Plaintiffs.
Plaintiffs are therefore entitled to punitive damages.
COUNT II— VIOLATION OF OHIO REVISED CODE SECTION 901.51
4. Plaintiffs incorporate by reference each and every preceding paragraph as
if fully rewritten herein.
5. Defendant, without privilege to do so, recklessly cut down, destroyed, or
otherwise injured vines, bushes, shrubs, saplings, and/or trees standing or growing on -
Plaintiffs’ land.
6. Such removal deprived Plaintiffs of a natural barrier to traffic and noise
therefrom on the roadway fronting their house, and Defendant further significantly
disturbed the land, damaged Plaintiffs’ driveway, and caused flooding on the property.
7. Plaintiffs have been significantly damaged by Defendant’s conduct,
including loss of the value of the trees, bushes, shrubs, saplings, and/or other vegetation
removed, diminished value of their property, the cost of replacing the trees, bushes,
shrubs, saplings, and/or other vegetation, the loss of compensation for the same, personal
time and effort incurred in attempting to restore the property, and they have suffered
mental anguish and distress. Defendant has caused damages to Plaintiffs in an amountIRR SS
greater than $25,000. Pursuant to Ohio Revised Code Section 901.51, Plaintiffs are
further entitled to treble damages.
COUNT III - CONVERSION
8. Plaintiffs incorporate by reference each and every preceding paragraph as
if fully rewritten herein.
9. Defendant has converted property of Plaintiffs by taking trees, bushes,
shrubs, saplings, and/or other vegetation without providing just compensation. Said
conduct constitutes conversion, and was undertaken maliciously, in reckless disregard of
the rights of Plaintiffs.
10, Such conversion deprived Plaintiffs of a natural barrier to traffic and noise
therefrom on the roadway fronting their house, and Defendant further significantly
disturbed the land, damaged Plaintiffs’ driveway, and caused flooding on the property.
11. Plaintiffs have been significantly damaged by Defendant’s conduct,
including loss of the value of the trees, bushes, shrubs, saplings, and/or other vegetation
removed, diminished value of their property, the cost of replacing the trees, bushes,
shrubs, saplings, and/or other vegetation, the loss of compensation for the value of the
trees, bushes, shrubs, saplings, and/or other vegetation, personal time and effort incurred
in attempting to restore the property, and they have suffered mental anguish and distress.
Defendant has caused damages to Plaintiffs in an amount greater than $25,000.
COUNT IV — BREACH OF CONTRACT/EASEMENT.
12. Plaintiffs incorporate by reference each and every preceding paragraph as
if fully rewritten herein.
13. Plaintiffs granted Defendant an easement to enter their land described
herein for purposes of laying underground pipe. A copy of the easement is not attachedWET
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hereto as Defendant already has a copy in its possession, and as it is a matter of public
record.
14. The terms of the easement required Defendant to restore as near as
practical to its original condition any area of the property disturbed by Defendant’s use of
the easement. Defendant has breached the terms of the easement by failing to restore
property entered onto, including failing to replace trees, bushes, shrubs, saplings, and/or
other vegetation removed or destroyed.
15. Plaintiffs have been significantly damaged by Defendant’s breach,
including loss of the value of the trees, diminished value of their property, the cost of
replacing the trees, bushes, shrubs, saplings, and/or other vegetation, the loss of
compensation for the value of the trees, bushes, shrubs, saplings, and/or other vegetation,
and personal time and effort incurred in attempting to restore the property. Defendant
has caused damages to Plaintiffs in an amount greater than $25,000.
COUNT V - JOHN DOE(S)
16. Plaintiffs incorporate by reference each and every preceding paragraph as
if fully rewritten herein.
17. John Doe(s), whose names and addresses could not with reasonable
diligence be ascertained prior to the filing of this matter, are those persons or entities who
may have, as agents or contractor of Defendant or otherwise, have committed any of the
acts described herein and for which they may be liable. Such persons or entities, if
existing, should be identified and made parties to this action.WHEREFORE, Plaintiffs demand damages as follows:
Pursuant to Counts J and III, Plaintiffs demand compensatory and punitive
damages in an amount greater than $25,000, plus costs, interest, including prejudgment
interest, and attorney fees;
Pursuant to Count II, Plaintiffs demand compensatory damages in an amount
greater than $25,000, and further demand that such damages by trebled pursuant to Ohio
Revised Code Section 901.51 and/or any other applicable law. Plaintiffs further demand
costs, interest, including prejudgment interest, and attorney fees;
Pursuant to Count IV, Plaintiffs demand compensatory damages in an amount
greater than $25,000, plus costs and interest, including prejudgment interest.
Pursuant to Count V, Plaintiffs demand that any John Doe(s) be identified and
imade parties to this action, and be held liable for damages as determined appropriate
hereunder.
Respectfully Submitted,
Columbus, OH 43205
Telephone: 614-253-4090
Facsimile: 614-253-3310
Email: rmann@dplawyers.com
JURY DEMAND
Plaintiffs hereby demand that all matters herein be tfy jury. wr
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tL A IN THE DELAWARE COUNTY COURT OF COMMON PLEAS STATE OF OHIO David R. Bargar Vicki R. Bargar 7720 Liberty Rd. : Case No. ()'7-CN-H - OF- 1009 Powell, OH 43065 Plaintiffs 2 Judge: W. DUNCAN WHITNEY | v. 2 Columbia Gas of Ohio, Inc. : 200 Civic Center Dr. JURY DEMAND ENDORSED Columbus, OH 43216-0117 3 HEREON and 3 Ro JOHN DOE(S) 3 BS [NAME AND ADDRESS UNKNOWN] 22 oo ne Defendants : N a2 mam 2 oS Zo COMPLAINT v 62 > 25 n 37 COUNT I- TRESPASS 1. Plaintiffs David and Vicki Barbar, being husband and wife, are the owners of the property located at 7720 Liberty Road, Powell, Ohio. 2. On or about September 6, 2005, Defendant unlawfully entered and trespassed upon Plaintiffs’ property, cutting and removing numerous mature and other trees, bushes, shrubs, saplings and/or other vegetation without authorization of consent of Plaintiffs, and otherwise damaging Plaintiffs’ land and property. The removal of said trees, bushes, shrubs, saplings, and/or other vegetation deprived Plaintiffs of a natural barrier to traffic and noise therefrom on the roadway fronting their house, and Defendant further significantly disturbed the land, damaged their driveway, and caused flooding on the property. O00 009 (00074935654 COMPLAINTPea hi uf St 3. Plaintiffs have been significantly damaged by Defendant’s conduct, including loss of the value of the trees, bushes, shrubs, saplings, and/or other vegetation. removed, diminished value of their property, the cost of replacing the trees, shrubs, saplings, and/or other vegetation, the loss of compensation for the value of the removal of such property, personal time and effort incurred in attempting to restore the property, and they have suffered mental anguish and distress. Defendant has caused damages to Plaintiffs in an amount greater than $25,000. Defendant’s conduct was further undertaken maliciously, being done with a reckless disregard for the rights of Plaintiffs. Plaintiffs are therefore entitled to punitive damages. COUNT II— VIOLATION OF OHIO REVISED CODE SECTION 901.51 4. Plaintiffs incorporate by reference each and every preceding paragraph as if fully rewritten herein. 5. Defendant, without privilege to do so, recklessly cut down, destroyed, or otherwise injured vines, bushes, shrubs, saplings, and/or trees standing or growing on - Plaintiffs’ land. 6. Such removal deprived Plaintiffs of a natural barrier to traffic and noise therefrom on the roadway fronting their house, and Defendant further significantly disturbed the land, damaged Plaintiffs’ driveway, and caused flooding on the property. 7. Plaintiffs have been significantly damaged by Defendant’s conduct, including loss of the value of the trees, bushes, shrubs, saplings, and/or other vegetation removed, diminished value of their property, the cost of replacing the trees, bushes, shrubs, saplings, and/or other vegetation, the loss of compensation for the same, personal time and effort incurred in attempting to restore the property, and they have suffered mental anguish and distress. Defendant has caused damages to Plaintiffs in an amountIRR SS greater than $25,000. Pursuant to Ohio Revised Code Section 901.51, Plaintiffs are further entitled to treble damages. COUNT III - CONVERSION 8. Plaintiffs incorporate by reference each and every preceding paragraph as if fully rewritten herein. 9. Defendant has converted property of Plaintiffs by taking trees, bushes, shrubs, saplings, and/or other vegetation without providing just compensation. Said conduct constitutes conversion, and was undertaken maliciously, in reckless disregard of the rights of Plaintiffs. 10, Such conversion deprived Plaintiffs of a natural barrier to traffic and noise therefrom on the roadway fronting their house, and Defendant further significantly disturbed the land, damaged Plaintiffs’ driveway, and caused flooding on the property. 11. Plaintiffs have been significantly damaged by Defendant’s conduct, including loss of the value of the trees, bushes, shrubs, saplings, and/or other vegetation removed, diminished value of their property, the cost of replacing the trees, bushes, shrubs, saplings, and/or other vegetation, the loss of compensation for the value of the trees, bushes, shrubs, saplings, and/or other vegetation, personal time and effort incurred in attempting to restore the property, and they have suffered mental anguish and distress. Defendant has caused damages to Plaintiffs in an amount greater than $25,000. COUNT IV — BREACH OF CONTRACT/EASEMENT. 12. Plaintiffs incorporate by reference each and every preceding paragraph as if fully rewritten herein. 13. Plaintiffs granted Defendant an easement to enter their land described herein for purposes of laying underground pipe. A copy of the easement is not attachedWET ie nm hereto as Defendant already has a copy in its possession, and as it is a matter of public record. 14. The terms of the easement required Defendant to restore as near as practical to its original condition any area of the property disturbed by Defendant’s use of the easement. Defendant has breached the terms of the easement by failing to restore property entered onto, including failing to replace trees, bushes, shrubs, saplings, and/or other vegetation removed or destroyed. 15. Plaintiffs have been significantly damaged by Defendant’s breach, including loss of the value of the trees, diminished value of their property, the cost of replacing the trees, bushes, shrubs, saplings, and/or other vegetation, the loss of compensation for the value of the trees, bushes, shrubs, saplings, and/or other vegetation, and personal time and effort incurred in attempting to restore the property. Defendant has caused damages to Plaintiffs in an amount greater than $25,000. COUNT V - JOHN DOE(S) 16. Plaintiffs incorporate by reference each and every preceding paragraph as if fully rewritten herein. 17. John Doe(s), whose names and addresses could not with reasonable diligence be ascertained prior to the filing of this matter, are those persons or entities who may have, as agents or contractor of Defendant or otherwise, have committed any of the acts described herein and for which they may be liable. Such persons or entities, if existing, should be identified and made parties to this action.WHEREFORE, Plaintiffs demand damages as follows: Pursuant to Counts J and III, Plaintiffs demand compensatory and punitive damages in an amount greater than $25,000, plus costs, interest, including prejudgment interest, and attorney fees; Pursuant to Count II, Plaintiffs demand compensatory damages in an amount greater than $25,000, and further demand that such damages by trebled pursuant to Ohio Revised Code Section 901.51 and/or any other applicable law. Plaintiffs further demand costs, interest, including prejudgment interest, and attorney fees; Pursuant to Count IV, Plaintiffs demand compensatory damages in an amount greater than $25,000, plus costs and interest, including prejudgment interest. Pursuant to Count V, Plaintiffs demand that any John Doe(s) be identified and imade parties to this action, and be held liable for damages as determined appropriate hereunder. Respectfully Submitted, Columbus, OH 43205 Telephone: 614-253-4090 Facsimile: 614-253-3310 Email: rmann@dplawyers.com JURY DEMAND Plaintiffs hereby demand that all matters herein be tfy jury. wr