A lawsuit brought against the County of Mathews by county residents Wade and Susan Brooks will go forward with Bay Aging as a party to the suit after a ruling by Judge Jeffrey Shaw in Gloucester Circuit Court on Jan. 8.
The Brookses filed suit against Mathews County in 2011, after their 4,000-square-foot home in the Garden Creek area became unlivable because of a botched elevation project paid for under the Federal Emergency Management Agency’s Hazard Mitigation Grant Program.
Since federal funds were involved in the elevation, the county was the fiscal agent for the project and hired Bay Custom Homes, a subsidiary of Bay Aging no longer in existence, to serve as the agent on the project. There was no written contract between the county and Bay Aging, just an oral agreement, but last year the county filed a complaint naming Bay Aging a party to the suit and charging the agency with “contribution, equitable indemnification, fraud in the inducement, fraud, and constructive ...
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