HUNTINGTON – The Putnam County Commission says a Nitro gas station and commercial truck stop is creating a public nuisance with the traffic it creates.
The county commission filed its lawsuit in September in Putnam Circuit Court against Pilot Travel Centers LLC. Pilot removed the case to federal court October 16.
In the complaint, the county says Pilot’s advertising and promotion of the travel center has caused it to attract more motorists and commercial truck drivers than its premises are designed to accommodate.
“In turn, large commercial vehicles, including but not limited to tractor-trailers, box trucks, semi-trailers, flat beds and tanker trucks physically block the public roadway and surrounding areas while attempting to enter and/or exit the travel center,” the complaint states. “Defendant’s travel center is of insufficient size and design for the number of large commercial vehicles that attempt to visit the location every day due to defendant’s purposeful advertisement, marketing, promotion and operations.”
The county also says Pilot uses an online web-based reservation system for commercial truck drivers to reserve limited long-term parking spots.
“However, defendant’s system is flawed in that it allows commercial truck drivers to reserve spots yet, upon the arrival of such trucks at the travel center, defendant instead utilizes a ‘first come, first served’ approach,” the complaint states. “Defendant’s flawed system causes commercial truck drivers to reserve more parking spaces than are available, resulting in overcrowding and congestion beyond the travel center’s capacity.”
The county says local residents, motorists and emergency vehicles can’t travel First Avenue and the area around the travel center, which is located just off of Interstate 64. The county says it causes traffic backups on First Avenue as well as up the westbound exit ramp of I-64.
The complaint says more than 40 traffic accidents have occurred at the intersection of the travel center since 2017 “many of which are a direct result of the aforementioned traffic, congestion and overcrowding.”
“Local authorities such as Putnam County Sheriff Bobby Eggleton and the Putnam County Sheriff’s Department have fielded hundreds of calls in approximately the last four years from Putnam County residents and commuters as to the aforementioned issues regarding the travel center and the traffic, congestion and overcrowding of First Avenue and the surrounding areas,” the complaint states. “Eggleton has further broadcast the aforementioned issues caused by the travel center on local news outlets, which have been identified as public safety concerns.”
Booth Goodwin, an attorney representing the county commission, says the Putnam County Sheriff’s Department and other law enforcement agencies have had to forced to dedicate time, resources and money to the issue.
“The county commission is hesitant to take such a drastic move (as filing the lawsuit), but it’s become such a problem that something needs to be done,” Goodwin told The West Virginia Record.
The complaint also says Pilot knows of the issues but has failed to take any action to remedy the situation.
The county commission says Pilot’s actions constitute a public nuisance under West Virginia law and under Putnam County ordinances. It also says Pilot is guilty of unjust enrichment.
In its answer filed October 23, Pilot denies the allegations and seeks to have the case dismissed. It also says the county commission failed to state a cause of action upon which relief may be granted.
An attorney representing Pilot in both cases said the company doesn’t discuss pending litigation.
“We continue to discuss with all parties in both cases potential solutions for traffic issues in Nitro and the pending legal proceedings,” Melissa Foster Bird told The Record.
The county seeks a judgment for damages as well as for judicial abatement of the public nuisance, injunctive relief, pre- and post-judgment interests, court costs, attorney fees and other relief.
The county commission is being represented by Goodwin, Benjamin B. Ware and David A. Dobson of Goodwin & Goodwin in Charleston. Pilot is being represented by Foster Bird and Owen Reynolds of Nelson Mullins in Huntington.
Earlier this year, a neighboring private business filed a similar lawsuit against Pilot.
In that complaint, Nitro Construction Services Inc. alleged private nuisance, negligence and tortious business interference. It also was filed in Putnam Circuit Court and removed by Pilot to federal court.
“Defendant’s signage and postings provide zero indication when its parking lot and premises are full and no longer able to accommodate additional motorists,” the company states in its complaint, adding it causes “extensive gridlock adjacent to, immediately in front of and beyond plaintiff’s real property and business location.”
Nitro Construction Services says the traffic is inhibiting its employees, customers and business delivery services from entering and leaving its business. Pilot also denies the allegations in that complaint and seeks to have it dismissed. The case currently is in the discovery phase, and the same attorneys are representing the parties.
U.S. District Court case numbers 3:25-cv-617 (Putnam County Commission) and 3:25-cv-26 (Nitro Construction Services)
