Brown v. Department of Highways

WALLACE, JUDGE:

This claim was filed as the result of surface water damage to claimant’s property. The claimant lives at 822 Avesta Drive *126in St. Albans, West Virginia. Avesta Drive is also Route 12/9 and has been maintained by the respondent since 1950. Route 12/9 or Avesta Drive serves the claimant and her neighbors and terminates 500 to 600 yards beyond the claimant’s house. Avesta Drive was an unimproved dirt and gravel road 16 to 20 feet wide previous to the summer of 1976, at which time the respondent graded the existing material and applied a 60-pound surface treatment of bituminous…