Motion For Summary Judgement by Kanawha Stone Containing The Deposition and Resume of Mark Halburn

~
cI!
~.
IN THE CIRCUIT COURT OF PUTNAM COUNTY, WEST VIRGI~,:

DOLORES HALBURN
MARK HALBURN,
Lt\
-a.,
%s:..\ .-()
and~\
--
-;S.
~
N
t~ ~
Plaintiffs,
v.
Civil Action No. 07-C-298
CITY OF HURRICANE, WEST VIRGINIA,

a municipal corporation, BEN NEWHOUSE,
individually and in his capacity as City Manager
for the City of Hurricane, CLEVELAND
CONSTRUCTION, INC. dba Cleveland
Construction, Inc. Of Nevada, and KANAWHA
STONE COMPANY, INC.,
Defendants.
DEFENDANT, KANAWHA STONE COMPANY, INC.'S,
MOTION FOR PARTIAL SUMMARY JUDGMENT
NOW COMES the Defendant, Kanawha Stone Company, Inc. ("Kanawha Stone"), by
counsel, Patrick T. White and Huddleston Bolen LLP, and moves this Court to grant it partial
summary judgment against the Plaintiffs pursuant to Rule 56 of the West Virginia Rules of Civil
Procedure. Because the record evidence clearly indicates that the Plaintiffs' property value has
increased, there is no genuine issue of material fact concerning their claim for diminution of
property value. Consequently, this Court should grant Kanawha Stone summary judgment on
the Plaintiffs' loss of property value claim. Furthermore, because discovery concerning the
Plaintiffs' nuisance claims is ongoing, Kanawha Stone reserves its right to file a Motion for
Summary Judgment on the same at the completion of said discovery.
The Plaintiffs initiated the above-styled civil action against Kanawha Stone asserting a
private nuisance claim. The Plaintiffs claim that they were exposed to excessive light, smoke,
dust, and noise from the construction of a Wal-Mart in Putnam County. They allege that they
{C0074483I}
10f7
suffered annoyance, inconvenience, mental anguish, diminution of their capacity to enjoy their
real estate, and diminution of the value of their real estate.
Although the Plaintiffs claim that the Defendant's activities devalued their real estate, the
record evidence in this case indicates exactly the opposite.
Mark Halburn testified at his
deposition that the value of the subject property has actually increased. See deposition of Mark
Halburn at 118, a copy a/which is attached hereto as Exhibit A.
Discovery on the reasonableness of Kanawha Stone's activities is ongoing, as
IS
discovery concerning the Plaintiffs' allegations of annoyance, inconvenience, mental anguish,

and diminution of their capacity to enjoy their real estate. By Agreed Order, both Plaintiffs will
undergo an independent psychological examination on September 11, 2008.
Law and Argument
Rule 56(c) of the West Virginia Rules of Civil Procedures provides, in pertinent part, as
follows:
The judgment sought shall be rendered forthwith if the pleadings,
depositions, answers to interrogatories, and admissions on file,
together with the affidavits, if any, show that there is no genuine
issue as to any material fact and that the moving party is entitled to
judgment as a matter of law.
W. Va. R. Civ. P. 56(c). In interpreting Rule 56, the Supreme Court of Appeals of West Virginia
has held that "summary judgment is proper only if, in the context of the motion and any
opposition to it, no genuine issue of material fact exists and the movant demonstrates entitlement
to judgment as a matter of law." Syl. Pt. 2, Gentry v. Mangum, 466 S.E.2d 171 (W. Va. 1995).
Furthermore, the Court has explained that "a party who moves for summary judgment has the
burden of showing that there is no genuine issue of fact and any doubt as to the existence of such
issue is resolved against the movant for such judgment." Syl. Pt. 6, Aetna Cas. & Surety Co. v.
{C0074483.1}
20f7
Federal Ins. Co. of New York, 133 S.E.2d 770 (W. Va. 1963). Nevertheless, "the party opposing
summary judgment must satisfy the burden of proof by offering more than a mere 'scintilla of
evidence,' and must produce evidence sufficient for a reasonable jury to find in a nonmoving
party's favor. " Painter v. Peavy, 451 S.E.2d 755,758-59 CW. Va. 1994).
A.
The Plaintiffs' alleged nuisance injuries are not permanent in nature, but
rather temporary, and accordingly, they may not recover damages for
diminution in the value of their real estate as a matter of law.
The Plaintiffs are unable to recover diminution in property value, as a matter of law,
because their alleged nuisance is temporary in nature, as opposed to permanent.
When a
nuisance is temporary in nature, a plaintiff may only recover for the cost of repairing his
property, expenses directly related to the injury, and loss of use or rent. West v. National Mines
Qm:h, 336 S.E.2d 190, 196 (W. Va. 1985).
Additionally, a property owner may recover
annoyance and inconvenience caused by the temporary nuisance.
Id.
However, where a
nuisance is temporary, the plaintiff may not recover for loss of diminution in property value and
"evidence of the difference between the market value of the property immediately before and
immediately after it was injured is inadmissible." Ortesta v. Romano Bros., 73 S.E.2d 622, 631
CW. Va. 1952).
The Plaintiffs' assert a temporary nuisance claim because the nuisance they allege has
ceased. In State ex reI. Smith v. Kermit Lumber & Pressure Treating Co., in an attempt to
determine the proper statute of limitation period, the Supreme Court of Appeals of West Virginia
discussed the differences between a temporary and permanent nuisance claim. 488 S.E.2d 901
CW. Va. 1997). The COUli observed:
It is said that a nuisance is temporary or continuing where it is remediable,
removable, or abatable, or if abatement is reasonably and practicably possible, or,
according to some cases, where it is abatable at a reasonable cost, or by the
expenditure of labor or money, by the defendant, or by legal process at the
{C0074483, I}
30f7
instance of the injured party, against the will of the person creating it. On the
other hand, a nuisance is permanent if abatement is impracticable or impossible.
Injuries to land are incapable of repair and thus permanent in nature when things
attached to the land, such as timber, trees, soil, and buildings, are removed or
destroyed.
Kermit Lumber, 488 S.E.2d at 924 n.26. Elsewhere in the same decision, the Court noted that
the distinction between a temporary and permanent nuisance depends on "whether the nuisance
may be discontinued or abated." Id. at 924 (quoting Arcade Water District v. United States, 940
F.2d 1265 (9th Cir. 1991).).
Accordingly, whether a nuisance can be terminated is
determinative of whether it is permanent or temporary in nature.

The Plaintiffs have asserted that Kanawha Stone's activities concerning the construction
of the Putnam County Wal-Mart were a nuisance. Specifically, the Plaintiffs alleged that the
Kanawha Stone's activities caused excessive noise, smoke, dust, and light.
See Complaint.
Because Kanawha Stone's activities on the project are complete, it is no longer working in the
area and it is no longer doing or causing any of the activities the Plaintiffs claim were a nuisance.
Accordingly, the Plaintiffs' alleged nuisance was temporary because not only was it "remediable,
removable, or abatable," but it has actually ceased.
Thus, the Plaintiffs have asserted a
temporary nuisance claim, which precludes them from recovering damages for diminution in
their property. Consequently, this Court should grant Kanawha Stone summary judgment.
B.
All evidence indicates that the Plaintiffs' property increased in value, which
precludes any recovery for diminution in the value of their real estate.
The Plaintiffs cannot recover for diminution of property value because their property has
actually increased in value. Ms. Halburn and her mother purchased the subject property in 1992
for $40,000. See Deposition of Dolores Halburn at 31, a copy of which is attached hereto as
Exhibit B.
Pursuant to several refinancings and presumably corresponding appraisals, the
Plaintiffs currently have a mortgage on the property for $115,000. Id. at 32. They have also
{C0074483.1}
40f7
received a purchase offer for $160,000, they did not accept. rd. at 46. Additional evidence
concerning the increase in their property value comes from local realtor, David Bledsoe. See
Depo. of M. Halburn at 107; Plaintiffs' discovery answers, the relevant portion of which is
attached hereto as Exhibit C). He told the Plaintiffs that their house is worth several hundred
thousand dollars more as commercial property. Mr. Halburn testified:

Q:
What do you think the value of the house is?
* * *
A:
We have been told that it's worth anywhere between, you know, 300 and
400,000 as commercial property; however, we've never had an actual
offer for commercial property.
Q:
And who, who's told you this?
A:
Mike Hall, Dave Bledsoe.
See Depo. ofM. Halburn at 118. Clearly, the Plaintiffs' property value has increased over time,
and it increased dramatically after the Wal-Mart was built.

The Plaintiffs have no evidence that their property decreased in value.
They have
received offers on their property for far more than they paid for it and for more than they owe on
it.
Further, Plaintiffs admit that the property is worth between $300,000 and $400,000 as
commercial property. They have produced absolutely no evidence indicating that their property
value has decreased. Therefore, because the evidence indicates that the Plaintiffs' property value
has increased and they have failed to produce evidence otherwise, this Court should grant
Kanawha Stone summary judgment on the Plaintiffs' diminution in property value claim.
c.
{C0074483.1}
Kanawha Stone reserves the right to file a Motion for Summary Judgment
on the Plaintiffs' nuisance claims because discovery on these claims is
ongoing.
50f7
A private nuisance cause of action is judged by the reasonable man standard. See Carter
v. Monsanto Co., 575 S.E.2d, 342 (W. Va. 2002). While Kanawha Stone believes that the
existing evidence in this case - such as the Plaintiffs blog, news reports of the Plaintiff Mark
Halburn's arrests, and the Plaintiffs' depositions - sufficiently indicates that the Halburns are not
reasonable people and that their complaints cannot be taken as those made by reasonable people,
the independent psychological examination the Plaintiffs will undergo in September should
conclusively prove their unreasonableness.
After the independent psychological examination results are received, this Defendant
reserves the right to supplement its Motion for Summary Judgment in regard to the Plaintiffs'
nuisance claims and the alleged damages arising therefrom.
KANAWHA STONE COMPANY, INC.
By counsel
Mary H. Sanders, Esquire (WVSB #3084)

Patrick T. White, Esquire (WVSB #9992)
HUDDLESTON BOLEN LLP
707 Virginia Street East, Suite 1300
P.O. Box 3786
Charleston, WV 25337
(304) 344-9869
{C0074483.1}
60f7
r,
I
t-..>
~'
-0
~
fS'
..
(".,
tJ)'
EXHIBIT A
{C0043539. 1}
VIDEOTAPED DEPOSITION OF MARK VANCE HALBURN,
JULY 23, 2008

Page 1
IN THE CIRCUIT COURT OF PUTNAM COUNTY, WEST VIRGINIA

DOLORES HALBURN and
MARK HARLBURN,
plaintiffs,
vs.
INDEX No.:
07-C-298

individually and in his capacity as
City Manager for the City of Hurricane,
Cleveland Construction, Inc., dba Cleveland
Construction, Inc. Of Nevada, and Kanawha
Stone Company, Inc.,
Defendants.
______________________________________________ 1
Videotaped Deposition of MARK VANCE HAL BURN ,

held on July 23, 2008, at the Law Offices of Huddleston
Bolen, LLP, 707 Virginia Street, East, Suite 1300,
Charleston, West Virginia, commencing at 1:15 p.m.,
before Kathryn S. Little, Court Reporter and Notary
Public in and
~or
the State of West Virginia.
f011 b12a-1 cae-4351-a011-04e1 c42b5e3c
JULY 23, 2008
Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
APPEARANCES:
2
3
4
On behalf of the Plaintiffs:

LAW OFFICES OF MICHAEL T. CLIFFORD
By: Michael T. Clifford, Esquire
By: Alexandria Solomon, Esquire
Suite 300
The Union Building
723 Kanawha Boulevard, East
304-720-7660
has commenced and we are now on the record.

Today is July 23rd, 2008, and the time is
approximately 1: 15 p. m.
My name is Garrett Reporting Service,
and I'm a legal, a certified legal video
9
10
specialist with Accurate Reporting, Court
11
Reporting, Incorporated, whose address is 26

-- 24630 Sawmill [sic] Boulevard, Suite 401,
12
13
14
15
16
17
18
19
20
21
22
23
24
25
"
JULY 23, 2008

VIDEOGRAPHER: The videotape recording
5
6
8
On behalf of Kanawha Stone Company, Inc.:

HUDDLESTON BOLEN, LLP
By: Mary H. Sanders, Esquire
By: Patrick White, Esquire
707 Virginia Street, East Suite 1300
P.O. Box 3786
Charleston, WV 25337-3786
304-344-9869
VIDEOTAPED DEPOSITION OF MARK VANCE HALBURN
in Punta Gorda, Florida, ZIP code 33983.

This is the deposition of Mark
Halbum in the matter of Halbum, Dolores and
Mark, versus Kanawha Stone Company,
Incorporated. Case No. 07-C-298. Pending in
Circuit Court of Putnam County, West
Virginia.
This deposition, deposition is being
taken at Huddleston Bolen, 707 Virginia
Street East, Suite 1300, Charleston, West
Virginia. The court reporter is Kathy
Little.
Will counsel please identify yourself
Page 5
Page 3
1
2
APPEARANCES (CONTD.):
4
5
6
On behalf of City of Hunicane,

West Virginia, and Ben Newhouse:
PULLIN, FOWLER & FLANAGAN, PLLC
By: James A. Muldoon, Esquire
901 Quanier Street
304-344-0 I 00
7
8
10
11
On behalf of Cleveland Construction, Inc.:

STEPTOE & JOHNSON, PLLC
By: Paul A. Konstanty, Esquire
Chase Tower, Eighth Floor
P.O. Box 1588
304-353-8170
12
13
14
15
16
17
18
19
20
21
22
23
24
25
ALSO PRESENT:
Dolores Jean Halbum
Bette Damron, The Travelers Companies
Todd Bergstrom, summer clerk
Donald K. Garrett, Jr., videographer
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
for the record stating your name, address and

whom you represent.
MR. CLIFFORD: Mike Clifford, 723
Kanawha Boulevard, East, Suite 300,
Charleston, 25301, for the plaintiffs.
MS. SOLOMON: Alexandria Solomon.
Same address as Mr. Clifford, representing
the plaintiff.
MS. SANDERS: Mary Sanders
representing Kanawha Stone.
MR. MULDOON: Jim Muldoon on behalf
of the City of Hurricane and Ben Newhouse.
MR. KONST ANTY: Paul Konstanty,
Steptoe & Johnson, on behalf of Cleveland
Construction.
VIDEOGRAPHER: The Notary public and
court reporter will stenographically record
the testimony today. And at this time will
the court reporter please swear the witness.
THEREUPON,
MARK VANCE HALBURN,
Being first duly sworn testifies as follows:
VIDEOGRAPHER: Thank you.
Counsel, you may proceed.
2
(Pages 2 to 5)
f011 b12a-1cae-4351-a011-04e1 c42b5e3c

Page 6
1
2
3
4
5
6
EXAMINATION
BY-MS.SANDERS:
Q. Mr. Halburn, Mary Sanders. I
represent Kanawha Stone Company.
You've given a deposition before,
7
haven't you?
8
A. Yes.
Q. How many times?
9
l O A . I believe once or twice.
11
Q. Okay. What was the first time?
12
A. It was regarding an accident probably
13
about 15 years ago in Southern California, an
14
automobile accident.
15
Q. Were you a party to that?
16
A. Yes. I was the plaintiff.
17
Q. And what county?
18
A. I was the injured victim.
19
Los Angeles.
20
Q. Los Angeles County?
21
A. Um-hrnm.
22
Q. And what year was that?
23
A. I'm going to guess about '92 or '93.
24
It's been many years ago.
25
Q. Did that case go to trial?
Page 8
1
2
a claims agent.
3
Q. SO was there a lawsuit filed?
4
A. I don't think so. I don't think -THE DEPONENT: Do you recall?
5
6
Q. Just a claim?
A. No, there was no lawsuit filed.
7
8
Q. A claim with your -- your
9
homeowner's was Nationwide?
l O A . Correct.
11
Q. And how much damage was done to your
12
home?
13
A. I would say less than 10,000. I
14
don't recall the direct amounts. The siding
15
was damaged, and because they couldn't match
16
it they had to -- they ended up re-siding,
17
redoing the siding on the entire home. I
18
think the claim came to less than 10,000.
19
Q. And do you know who started the
20
fire?
21
A. We suspect, but we've never been
22
able to prove it.
23
Q. Okay. Was there a police report
24
filed?
25
A. Yes.
Page 9
Page 7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
JULY 23, 2008
A. No, it did not.

Q. Was it settled?
A. Yes, it was.
Q. Who was your attorney?
A. Rolf Troy.
Q. And do you know who the attorney was
opposing you?
A. I do not.
Q. Do you know the name of the
defendant?
A. I don't recall. I believe the
attorney represented Reliant Insurance, but
it's been many years ago.
Q. Okay. When was the second time you
gave a deposition?
A. We had a house fire probably about
three or four years ago where someone set a
wood rack on the front porch of our home on
fire, damaged the home, and I gave a
deposition with Nationwide Insurance. I'm
not even sure if it was a deposition with a
formal attorney or just a formal statement
that was recorded. I don't recall counsel
being there now that I think about it, just
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Q. With the Putnam County Sheriff's

Department?
A. No, ma'am.
Q. Who with?
A. Hurricane Police Department.
Q. Okay. All right. Well, just to,
just to remind you, and Mike's probably told
you also, but a deposition, the court
reporter takes down everything that's said,
all the questions, all your responses, so
it's important for you to respond verbally
rather than a nod of the head.
A. Right.
Q. If you don't understand anything I'm
asking, please tell me so I can rephrase my
question, because if you answer it, I'm going
to assume you understood the question. Okay?
A. Okay.
Q. If you want to take a break at any
time, just speak up and we can do that.
A. Okay.
Q. Give me your age, please.
A. 46.
Q. And have you only been married once?
3 (Pages 6 to 9)
f011 b12a1 cae4351a01104e1 c42b5e3c
JULY 23, 2008

Page 12 t
page 10
2
3
1
A. No.
Q. Twice?
A. Yes.
2
3
Q. And what is that business?

A. They are a -- they do in-bound,
~
well, our division of it does in-bound calls
5
Q. And when was your first marriage?
5
for XM Radio and Gevalia Coffee. I work for
6
A. 1995.
6
the XM portion of the building.
~
7
Q. Was that in the state of California?
7
Q. SO Sitel is a contractor to XM
~
8
A. No, it was not.
8
Radio?
~
'J
9
Q. Where was it?
9
A. I believe that's how it would be
r.
l O A . It was in Las Vegas, Nevada.
10
legally described.
.~
11
Q. Okay. What was your first wife's
11
Q, And you work with advertising?
i
12
name?
12
A. No, I work with in-bound customer
1
fi
13
A. Her name is Joanne Morgan.
13
service setting up new accounts, activating
~
14
Q. And when were you divorced?
14
radios, minor troubleshooting.
~
15
A. On November of1997.
15
Q.IsyourofficeinHuntington?
16
Q. Did you have any children in that
16
A. The call center is in Huntington,
~
17
marriage?
17
yes.
~
18
A. She had children, I did not adopt
18
Q. Is that where you work or -~
19
them. I took care of them many times, but
19
A. That's where I work. I don't have
20
they were not my biological children.
20
a physical office. I work in a room with
~
21
Q. Okay. You were born in California?
21
lots of cubicles.
~
22
A. So I'm told.
22
Q. Okay. And how many hours a week do
:1
23
Q. Okay. Which county?
23
you do that?
~
24
A. Los Angeles.
24
A. 40 to 45 normally.
I,
25
".
And
"ou
went
to
school
in
-all
25
Q.
Who
is
"our
su"'ervisor
over
there?
1
1~__~~~'~~I'~~~==~~=-_ _ _ _ _ _~~~~~~~I'~~P~'==~~~_ _ _ _-4'~
Page 11
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
your schooling was in California?

A. No.
Q. Okay. Tell me where else besides
California.
A. Well, I have taken a Cisco class at
WVU Tech at the Charleston Five Point Center.
I started taking another class at Marshall.
I took a computer assembly repair class at
the Putnam Vo-Tech center, and recently took
a medical office assIstant training out at
Goodwill in connection with Marshall
University.
Q. Okay. Are you employed right now?
A. I am.
Q. What is your employment?
A. I -- I'm off for the summer as a
substitute teacher with Kanawha County
Schools, and I work for Sitel in Huntington.
Q. What is it?
A. Sitel.
Q. How do you spell that?
A. Sitel is spelled S-i-t-e-l.
Q. In Huntington?
A. Yes.
Page 13
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
k
G
A. I have a number of them. Stan
Coniffis my direct. We don't work the same

hours, so I report to other people when he's
not there.
Q. And you're a substitute teacher for
Kanawha County or Putnam County?
A. Correct.
Q. Kanawha County?
A. Kanawha County, yes.
Q. How long have you been doing that?
A. I signed up in 2005. I believe it
was Mayor June.
Q. Is that the only county where you do
any teaching?
A. I recently applied at Lincoln County
and am still in the application process.
Q. SO you have a teaching -- is it a
certificate or license?
A. It's a substitute teaching permit
that renews. It just expired the end of
June. The application is in process, for
renewal is in process and should be renewed
shortly. It's about a three-year
certificate.
..
n
~
l1
i
~
,l1
~
'i
~
I
~
il
2
,I
iirr
~
,)
;i
~
~
I~
L.-..-.::;.J.,~Y",,,.::l:':_,,,,~,,,,;,",,:;;;,,,,~~,;.,;.n,.,,,,-,::;;:,,",,m;'::i;l,,,,~~",1ll!:l:i.,""rnl'<4Mm;.~.:;;:::fh.~,~
....!lil'l1%:'ll':'>.Jl,:";.';i,>,;".~".!o>;;;;:w",.\=;U.;.,~\,~,<>::::"",~!:;:'~'<I~;;o,~.:m,...t.~'-'<fj"~':l.~::l:l
:::~~,."=,..;!ll!=!::::\;:",:m:"~"~"';~~"~h.~"-;~m:,,.,.....:,;~~
...~,~<6,m!:'":~hl~~",,~:m,,(~=
"""r.lA,Q(:O:::"_~,,!!:ll=I!%,::m:1i~"'l:=,~-i"'-U=:,."::n:.,..~=~,,_:rn:~:c
... !!'Il~=~=,{!~=",~.,."~~w~-;;:;~m,~,...;m;,~,,,,=='=_=="f.~'~
4 (Pages 10 to 13)
f011 b12a-1 cae-4351-a011-04e1 c42b5e3c
VIDEOTAPED DEPOSITION OF MARK VANCE HAL BURN ,
JULY 23, 2008

Page 16
Page 14
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
.~
Q. How long haye you worked at Sitel?

A. Since April 21st of this year.
Q. Where did you work before Sitel?
A. I've worked with Kanawha County
Schools for several years, and then prior to
that I worked for WPD Channel 15 in Conway,
South Carolina.
Q. What year was that?
A. 1997. Or I mean 2007. My
apologies.
Q. SO did you work for a company in
South Carolina in 2007?
A. Yes, ma'am.
Q. From -- so you moved away from West
Virginia?
A. I lived in a hotel.
Q. Okay. How long did you do that?
A. About, about three months.
Q. Were you fired or what happened?
A. I was fired over creative
differences. The job did not end up being
what they said it would be when I went down
there, and things di~n't work out.
Q. Was that a full-time job?
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
f1
A. I didn't publish that.

I thought that was in the Putnam,
your web page?
A. I asked the question. I didn't
publish it, they did.
Q. Who published it?
A. I published the question, I did not
publish the statement.
Q. Okay. Why did you say that he,
that that's what it stood for?
A. I didn't say that that's what it
stood for.
MR. CLIFFORD: I'm going to object
to the question. It's not relevant and has
no basis in moving to relevant questions.
Answer it if you can.
Q. Do you know why Judge Spaulding
recused himself in this case?
A. Yes.
Q. Why?
A. Because he objected to an editorial
that I did that criticized him sentencing
someone who threatened a deputy's life to
home confinement, and I felt that that was
Q.
Page 15
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(,
A. It was, very.
Q. And what town was that in?
A. The studios were in Conway.
Q. Conway, South Carolina?
A. Right. The Myrtle BeachIFlorence
market.
Q. I see from your answers to discovery
that you've had a lot of different jobs.
How many jobs have you been fired from?
A. I don't recall.
Q. All right. Well, let me go through
some of them then.
Before I get to that, you, you know
this case is pending in the Circuit Court of
Putnam County?
A. Yes.
Q. Your case.
And you realize both judges have
recused themselves, both of the Putnam County
judges?
A. Yes.
Q. Why -- why did you publish your
opinion that Judge Spaulding's first initials
stand for, stood for on crack?
'';''~''"''''':'.''~'''4''''''''''''.it>:.~~~'ii;n<~iK, ;,,:~....,v"""'I.,,~,a.~i{m...:
Page 1 7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
much too light of a sentence for somebody

who threatened the life of a law enforcement
officer. That person, by the way, bombed
his home confinement and ended up going to
pnson.
Q. Okay. And you objected to that in
your on-line newsletter or where?
A. In an editorial clearly labeled as
commentary.
Q. Okay.
A. I don't feel that our officers
should have their lives threatened.
Q. And Judge Eagloski also recused
himself. Do you know why?
A. Yes. Because Judge Eagloski lied to
the Supreme Court after I filed a writ of
mandamus because he did not sit in hearing
for a noise ordinance writ of mandamus. I
had been in contact with all of my
legislatures regarding a state noise
ordinance. One of them happens to be his
sister. He then told the Supreme Court that
I was trying to intimidate him by talking to
his sister when I had been speaking with her
~,,,,,~",,,,,,,j,,,,,,w:.~',,c.l"';.l''':'<''(' ,,"'~,,~,\.t''''''(~j''''I-'', :..;:"'......'-~"'.W'__4..,;.J.).....,,;~,";>l."'''' ......... ;W.,).~I; ....''''..; i.S;~
,f...':'>!fu',..;(,,'.......n~-wv~" ~~$l:It"'O'..,~).~.'~~>,b'6!.~.
a
~
~
~
t;;
~
~
~
~
ff
~
~~
~,
\l
&
;~
.~,
~
~
I
~
I~
,
~,1'
~
~""
ib
~
"~
t!
:-~
i
U
~
~
I
,1
,%
.,>:
!l'i
:~
~
~
~.1
.~
')
i,
c
~(f
~4~~;';;'tl-, ~~,'I>~ ....A"~~;.."m.~,~,:~~
5 (Pages 14 to 17)
f011 b12a-1 cae-4351-a011-04e1 c42b5e3c
JULY 23, 2008

Pa.ge 20
Page 18
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
and every other legislator for months prior

to that. It was a smokescreen on the part
of Judge Eagloski.
Q. Okay. I'm trying to find your list
of employment. Do you recall when, when -well, let me ask you this: When did you
graduate from college, get your undergraduate
degree, your BA?
A. My BA was 1988.
Q. 1988. Did you have any employment
before graduating from college?
,
A. Yes.
Q. What was that employment?
A. I worked in a couple of stereo
stores, a camera store, a couple of radio
stations.
Q. Okay. Your major in college was
what?
A. Communications.
Q. You gave -- you gave us a list of
all these employment you had. It looks like
this one is not dated, I don't think, when
you were a shuttle driver in San Diego?
A. Correct.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Q.
Is that your first job?

A. No.
Q. Okay. Do you know what years you
did that?
A. I started in 1997 to provide income,
because I was goiriii into the insurance
business on commission only, and I worked
there until I moved to West Virginia in the
year 2000 and I quit that job.
Q. Okay. How long did you work there?
A. From 1997 to 2000. April of 2000.
I don't recall what month I started in '97.
Q. Okay. And then you were a manager
at a Save-A-Lot supermarket in Spring Valley,
California. How long was that?
A. About a year.
Q. And you, you quit that job as well?
A. I quit that to start the insurance,
actually, yes.
Q. And your insurance work was as an
agent?
A. As an agent that owned a stake in
the book of business that I generated.
Q. Okay. Did you have a license for
;J.""""}"""~:"'~"'''
"
that?
A. Yes.
Q. What was your license?
A. An insurance license.
Q. Okay. With the state of California?
A. With the state of California.
Q. Have you ever had a license to sell
insurance in any other state?
A. Yes.
Q. Which other states?
A. West Virginia.
Q. Have you ever sold insurance in West
Virginia?
A. Yes, ma'am.
Q. With any particular company?
A. I worked for the Ramsey Agency which
represented probably a couple dozen different
companies if not more.
Q. Okay. How long did you do that?
A. I don't -- I think it was about 13
months.
Q. Why did you stop?
A. I wasn't making enough money.
Q. And it says you were a captain for
i~
~
~
i
:;;
:i
~
"~
~\
.q
j
fj
~
~
I
M
~
i.
~
)/
I
~
Page 21 ~
,
Page 19
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
i-;<~"oI#.O.'''''',Hi:!nM_fi? ~~~>I\'/.;'''~.W-''''''-''=''-~WW)l.;:"~~,,,~~~, ~:iJ~t;.};.'>!.;;t=';i).>'.>'f~;(.I""",~:.,.",,;,N';'I~i;":''j:''''.:>i;\; ;.,;,,'$~".,>,.,.:.,-,).).~\,.,"{,.<
East County Security Systems?

A. In San Diego.
Q. In San Diego. And you had that job
for about a year as well?
A. Right, until the company folded.
Q. Then you were a remote operations
manager for KECR Radio?
A. I did the remote operations for
KFRB. I did work for KECR, it was all at
the same studio complex.
Q. Okay. And you weren't fired from
that job?
A. I was fired from that job.
Q. You were fired? Okay.
A. Yes.
Q. Is that the one you told me about
before? No, it's a different one. Why were
you fired from this job?
A. The station in the studio complex,
in our complex are located out in what could
be best described ranch country out in east
San Diego County with lots of brush. I did
that in the morning and sold insurance during
the day, and had concerns about the safety,
, ..,,,>;,~.;,:~":~;'~;>C~"~"'':''~~~;;>A>;,';;~_''",,,W?>,M',,,,,,,,,~,WI.>.-:..,;""-'........'<.W~y.f.:"","".~'''''''.).'''.v>'t-;\ .o:r.:' t&.,
II
1
~\
~
~
~
~
~
r,
:,1
~i.
w.
ia
~
,~
l
/'~.~'"
6 (Pages 18 to 21)
f011 b12a-1 cae-4351-a011-04e1 c42b5e3c
Page 24
Page 22
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
some of the safety situations, including

literally live rattlesnakes in the parking
lot and tall brush out in the area. And I
suggested that if they didn't cut down the
brush and do something about the rattlesnakes
that somebody could get hurt and the station
could bum down. They told me I was a
troublemaker, they fired me, and in 2003
their station burned down in a brush fire,
part of it.
Q. Okay. Had you -A. I can provide photos of that, if
you'd like them.
Q. No, I don't, I don't need any
photos.
A. It was almost a textbook of what I
told them would happen.
Q. Okay. So the whole time you were
working there youhad a contentious
relationship with the management?
A. No.
Q. Just when you started making
complaints?
A. Just when I addressed some safety
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
concerns.
Q. Okay.
A. I was, in fact, promoted during the
time I was there. So ...
Q. Okay. And you were there for
approximately a year?
A. About two years.
Q. Two years. Then you went to looks
like substitute teaching? No. You had a
substitute teaching position during all that
time period, too -A. 1-Q. -- that were we just talking about?
A. I substitute t,mght from 1989 to
1997 when I started doing the insurance and
took, took time away from teaching to try to
develop a business.
Q. Okay. And you were, you were not
fired from any teaching position as a
substitute teacher?
A. No.
Q. Were you ever reprimanded?
A. No.
Q. Then you worked as a limousine
driver for Cloud Nine Shuttle in San Diego.

Did you quit or were you fired from that
job?
A. As I stated earlier, I quit to move
to West Virginia.
Q. Okay. You moved to West Virginia in
2000?
A. Correct.
Q. What year were you married to your
current wife?
A. 1998.
Q. '98. Okay. And you were married
in the state of California?
A. No.
Q. Where were you married?
A. Scott Depot, West Virginia.
Q. Okay. Then, then during the first
couple years of your marriage you lived in
California?
A. About the first year and a half.
Q. You worked as a freelance reporter
for East County Newspapers?
A. Correct.
Q. And you weren't fired from that
Page 25
Page 23
1
2
3
4
5
6
7
JULY 23, 2008
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
position?
A. No. The company was sold.
Q. Okay. Then you were a freelance
writer for the Lawton Companies, KGTV?
A. Right. The Lawton Company is a
temporary agency that they hired all their
freelance people through. I worked for KGTV.
KGTV at Channel 10. I was paid by the temp
agency.
Q. And what kind of writing were you
doing?
A. Television news.
Q. Then you worked in sales for
Schwan's, Schwan'S, Schwan's Finer Foods?
A. Schwan's.
Q. Schwan's?
A. The ice cream people.
Q. Were you a -- you were not a
driver, were you?
A. I was a driver.
Q. You were driving?
A. Route builder. I did a lot of
different things.
Q. All right. And you worked there for
7 (Pages 22 to 25)
f011 b12a-1 cae-4351-a011-04e1 c42b5e3c
Page
Page 26
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
little less than a year?

A. Correct.
Q. Why did you leave there?
A. Because I was hired to work in
Winfield and the manager refused to fire
somebody that the district manager wanted me
to replace him with, so they had me working
out of their Beckley, their Tennessee, their
Clarksburg, their various locations. They
would literally work on the road all week
long. And I got tired of being away from
my wife, and we had some nephews that we
were taking care of, and I left there
because I got tired of being gone all week
long.
Q. Okay. Then the Ramsey Agency, which
you've mentioned, and you left there because
you weren't making enough money?
A. Correct.
Q. Then you worked for DLI Insurance
Agency in -- no, that was before. That was
before you worked for Ramsey?
A. That was before I moved to
California.
Page 27
JULY 23, 2008
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Route 60 in Barboursville. And when the car

was coming up behind me, I pulled off to the
right and crossed the white line, and because
I crossed the white line and because I had a
license plate frame that partially obscured
the registration ticket, he wrote me the
ticket for both of those. Had I not pulled
over, I would have been rear-ended. But
it's apparently illegal to cross the white
line.
Q. And there was no accidents involved?
A. There was no accidents. Had I not
taken the evasive action there would have
been.
Q. Okay. So you were ticketed. There
must have been an officer right there?
A. There was a trooper several cars
back.
Q. Okay. And this was a state trooper?
A. Yes.
Q. Do you recall his name?
A. I believe it was Blankenship.
Q. And did you complain to Blankenship
about the ticket or iust his superior?
Page
1
2
3
4
5
6
7
8
9
12
8 (Pages 26 to 29)
f011 b12a-1cae-4351-a011-04e1 c42b5e3c
Page 32
Page 30
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
MR. CLIFFORD: Just for the court

reporter's sake.
BY-MS.SANDERS:
Q. What was the story that you said was
fabricated to your employer?
A. I worked in sales and, for the
newspaper, and I did not identify myself as
a reporter. He said that I threatened to
put a story on the front page of the
newspaper, which, A, I didn't do, and, B, I
didn't have the right to do or the ability
to do or the authority to do.
Q. And that's what the sergeant told
someone at Lincoln Journal?
A. Correct.
Q. Who was the person at Lincoln
Journal who took that call?
A. Patty, I think her name was Patty,
pardon me, Robinson.
Q. Robinson?
A. She's the wife of the fOImer owner
and current publisher.
Q. And-A. He's since sold the stake in the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
paper.
Q. And the Robinsons or the Lincoln
Journal fired you b'ecause of that phone call?
A. Correct.
Q. Because you had threatened to put
something in a newspaper about this, getting
this ticket?
A. Because the sergeant said that I
threatened.
Q. Threatened how?
A. To put something in the paper. I
never made the threat.
Q. And that was why they let you go?
A. That's why they let me go.
Q. Did you contest this with the, the
firing, with unemployment?
A. I don't recall contesting with
unemployment. I contested with Division of
Labor because they did not pay me all of the
commissions that were due me and still
haven't.
Q. Is that an ongoing issue that you
have with the Division
., of Labor or with the
Journal?
A. It's been settled. I don't think it

was settled properly, but there's no formal
litigation or anything like that going, if
that's what you mean.
Q. Did you have an attorney representing
you?
A. No.
Q. Okay. Then you left -- then you
worked for about five months as a reporter,
photographer, columnist, for Point Pleasant
Register?
A. That was actually before the Journal.
Q. It was? Okay. And was that a
full-time job?
A. Yes.
Q. And were you fired from that job?
A. I was fired as was my editor. They
made a change in staff.
Q. I'm sorry, did you say you were
fired?
A. Yes.
Q. Okay. And do you know why?
A. They made a change in staff. They
fired -- I was one of several editorial
Page 33
Page 31
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
JULY 23, 2008
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
people that were fired, including my editor.

Q. Was there any -- did you contest
that firing with any agency?
A. No, not that I recall. I'm sorry,
I contested the denial of unemployment and
won. I did not contest the firing.
Q. Okay. So that was with the Division
of Unemployment?
A. Correct.
Q. Is that the only time you've had
denial of unemployment benefits that you
contested or were there other times?
A. When I was in college, I was laid
off. Contested, because they denied my
unemployment because I was a full-time
student. I had worked full-time for several
years while I was a student, and I contested
and appealed that and won.
Q. Okay. Then it looks like you worked
for several months as a medical transport
driver for Fresh Air Transport?
A. Correct.
Q. Were you fired from that job?
A. No. The company closed down its
9 (Pages 30 to 33)
f011 b12a-1 cae-4351-a011-04e1 c42b5e3c
JULY 23, 2008

Page 3 6
Page 34
1
2
3
4
5
6
1
2
3
4
5
West Virginia division after two drivers

rolled a couple of cars and killed people
and they lost their insurance. I was not
one of those drivers.
Q. Okay. Then you were a web site
consultant for Freedom Auto Sales?
A. Correct.
Q. Was that a contractual relationship?
A. It was just a freelance relationship.
I built a web site and taught them how to
operate it, and the job
was done and over
,.
once they learned how to do it themselves.
Q. SO it was about three, took three
months to develop a web site for them?
A. I don't recall how many months.
Q. Is that the only job you've had
where you developed a web site for a
company?
A. No. I worked for Jerry Summers who
ran for delegate in Kanawha County several
years ago. I helped him build a web site
during his campaign. And then with WPDE I
helped them redo their web site down in
South Carolina last year.
~
@
it
Q. Okay. So they had no news announcer

or morning show producer after that?
A. They, they went to a live morning
show when they changed the format and dumped
the Bob and Sherry show, and they didn't
need a morning show producer. The newscasts
were being done by Kenny Bass and they were
sent in by computer, and the live morning
announcer that they had to do that show then
took over those duties. He just recently
le,c,t.
11
Q. Was that a two year, two year job?
Correct.
2003 to 2005?
A. It was late 2003, early 2005, so it
was under two years, but I don't know the
exact months.
Q. That's a 40 hour per weekjob during
that time period?
A. It ended up being close to 40 hours
a week. It was not a, not a full-time
staff position. It was considered a
part-time position where I worked pretty much
full-time hours.
~,
I
~
7
x~
8
8
~
9
9
j5
10
10
~
11
11
1
U
12
12
~
13
13
~
14
14
il
15
15
16
16
17
17
~
18
18
~
'~~
19
19
ij
20
20
~,~,
21
21
~
22
22
j'
23
23
24
24
~
25
25
~
l--1----------~--~~~~-------------------r-l--~~~~~~~------------------p-a-g-e--3-7~I
Page 35
7
2
3
4
5
6
7
8
9
Q. Okay. Then you were a guest talk

show host for Tri-State Viewpoint?
A. Correct.
Q. Was that on a particular program?
A. It was -- Jean Dean has a regular
program, and when she went on vacation she
invited a number of"people to work a day
here and a day there, and I was one of the
people that she had fill in for her.
Q. Okay. Something in Hamlin, I can't
tell what it was.
A. Lincoln Journal.
10
11
12
13
~~
2
3
4
5
6
7
8
9
10
11
12
13
~: n:~07:~~:U~;~~oi:~~::~~ again?
17
18
16
A. No.
Q. All right. Then you worked for LM
Communications as a public affairs director
and news announcer and morning show producer?
A. Correct.
Q. And were you fired from that job?
A. I was laid off.
Q. Why were you laid off, do you know?
A. They eliminated the position.
T;:u.:.-",",~~lC~
:"'W...
Q.
A.
Q.
A.
Q.
A.
Q.
A.
Q.
And
A.
But you had no benefits?

(Shakes head.)
No?
No.
Okay.
I'm sorry.
Then you worked for Cingular?
Correct.
Customer service, technical support.
you worked out of Grayson, Kentucky?
Correct.
Q. SO you only worked there for about
~~ f~.r~o~t~~orked there from May of2005
Q. Did you work there twice?
16
19
20
21
22
23
24
25
~:
17
18
19
20
21
22
23
24
25
I
~" ,
:1
~
~
~
1
~
I
~
:
~
t
~
~
to January of 2007.
Q. Okay. So that's the job you took
after the news announcer morning show?
A. Correct.
Q. And that was also a full-time job?
A. That was a full-time job with
benefits.
Q. And why did you leave that?
A. I got tired of driving to Grayson.
Q. Okay. So that job was, you would
~~0'<7.~"M.i\W'~JI""~"...,...,...",v\:.!l,~~,~l>.'""""U; ;t-~~'I)f"",~;<__ ~~~ "'.~~'~~;<;...'.~,Nj::t\<:.i'~.<' .\;~clil".t-.l."'.<'.~l,,,~,,,,,,",,,!;>,,,,tt."~~.\)A~'''~_'''.:'~' " h'~;N ~i',' ~" .>,;,l.J.\;'~l'''~''..'''I.-=;~r....:v""~"\~'",,,,,'''M.,a,u 1,>;,~, ':i~O:;":.,;;'" ~";;';J<,~!~.,..U~''<;;,<W..,,;
oj
i,"
i
~
~
~
';'.<'\;',,1<
10 (Pages 34 to 37)
f011 b12a-1 cae-4351-a011-04e1 c42b5e3c
JULY 23, 2008

Page
Page 38
1
1
leave early in the morning and get back late
2
A. Correct.
at night? What were your hours?
3
Q. And were you fired or why did you
4
A. Roughly 2 to 11, 1 to 11 for the
4
leave that?
5
A. No, I quit.
5
most part, occasionally 9 to 5. It was
6
pretty much a swing shift job.
6
Q. A lot of these jobs the time periods
7
Q. 2 in the afternoon until 11 at
7
overlap.
~
8
night?
8
A. Right.
1
9
A. Correct.
9
Q. SO -~
10
Q. And you worked for PRC? I'm not
l O A . I'm a busy person.
q~
11
sure what that is. Something with Direct
1112
Q. SO you've never had two full-time
:; .~
12
TV?
jobs at once, have you?
~
13
A. It's a company that used to do
13
A. Not that I recall.
,I
14
customer service for Direct TV until very
14
Q. SO typically you have the variety of
15
recently they sold their Huntington division,
15
freelance and short-term -,J{I}
16
and I left that job to take the job in
16
A. Correct.
;
17
South Carolina. I quit that job.
17
Q. -- employment?
~
'.8
Q. Okay. And then you worked some for
18
And Putnam Live is still being
~
19
Charleston Daily Mail?
19
published?
20
A. I freelanced for the Charleston Daily
20
A. Correct.
~
21
Mail.
21
Q. Do you still work for internet
~
22
Q. And that position or freelance
22
content manager for WPEE?
23
position -- or you jll,st covered the city
23
A. No. That was the television station
~
24
council meetings, that's it?
24
in Conway.
j
1_2_5____~A~.~F~or~S~0~u~t=h_-_-~L(e=s~,th=a~t'~s~it~.______________~2~5----Q~.~C~o=n~w~a~~~,o=ka~~~. ____________________~!
Page 41
Page 39
2
3
!
I
i
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Q. Okay. And then they eliminated

covering?
A. They eliminated it for about a year
or so, and then recently put another
freelancer in there.
Q. Okay. Then also you were a district
manager for, I'm not sure what this is,
Dealer Specialties?
A. Correct.
Q. What did they do?
A. We did -- we took pictures of used
cars, put them on a national web site called
GetAuto.com and created window stickers that
had the features and things on a used car
much like you have on a new car so that
salespeople and customers can look at the
sticker and find out;if it has power
steering or, you know, the sun roof is
obvious, or fingertip audio or whatever the
feature is. Very similar to what our, what
are on new cars. They fill the gap because
it's a way of providing the same information
for used car customers.
Q. Is that in West Virginia?
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Have you had any other jobs that

we've left out?
A. No.
Q. That's pretty much the list that you
gave us.
A. In college I worked various jobs.
Q. Okay. So you -- the home you live
in in Hurricane is, is that in the city
limits or is it outside?
A. It's in the city limits.
Q. It is?
That home is owned by your wife and
her mother?
A. Correct.
Q. Is your wife's mother still living?
A. Yes.
Q. Does she live with you?
A. Sometimes.
Q. How much of the time does she live
with you?
THE DEPONENT: What would you say?
A. 30 percent, 50 percent. She also
rents a home in Charleston and goes between
the two.
i
~
!~
,~
~;
I
~
"~f
~
~
~
~(
"
~
l
~
11 (Pages 38 to 41)
f011 b12a1 cae4351a01104e1 c42b5e3c
JULY 23, 2008

Page 44 .~
Page 42
1
2
3
4
5
1
~i
2
Q. And has that been true since you've
Q. Okay. The property, is it in a, is
~
3
been living there that she's not there all
it zoned in a commercial, commercially zoned
~
4
the time?
or do they have zoning in Hurricane?
~
5
A. No. She -- when we first got
A. They have zoning in Hurricane, and
~
6
6
married, we moved Dolores to California, she
I've been told by people at city hall, one
7
7
person has told me that it's zoned
~
lived there the entire time. She lived
8
8
there before Dolores and I got married.
commercial, another person says that it's
~
9
9
They bought the home -- pardon me -- they
zoned residential. I believe that it's, that
*
10
bought the home together. When we got
10
it's zoned commercial.
11
11
married, we moved Dolores -- there was a
Q. And ever since you've lived there
~
12
12
there's been a crane sort of garage or
;,
couple of months before we could find Dolores
13
a job out west, so I was there and she was
13
right next door?
14
14
here. We moved Dolores out there. My
15
mother-in-law and her sister lived in the
15
Q. What does that business next door to
~
16
home, then I, we came back here and we were
16
you do?
1\
~:;,
17
17
here I'm guessing six months before they then
A. Make a lot of noise and store
18
rented a home in Charleston. And since then
18
equipment, and I believe they do some sort
K
19
19
she goes, she goes back and forth between
of construction work. What exactly they do
20
the two.
20
I don't know.
~
21
Q. Okay.
21
Q. Have you ever made complaints about
~
22
A. The sister lives in Charleston full
22
that business?
23
time.
23
A. Yes. They're very rather noisy.
~
24
Q. It's the -- the sister is your
24
The property is extremely sloppy, lots of
~
25
mother-in-law's
sister?
25
tall
weeds
rusty
equipment,
dilapidated
g
I----~--~~~~~~-----------------+~--~~~~~~~~~~~~=-----~i
r~tal~~::,:.ervicc
Page 45 ,
Page 43
1
2
3
4
5
6
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
A. Correct.
Q, Okay. And what is her name?
A. Donna Smith.
Q. She lives with your mother-in-law in
Charleston and at xour house?
A. In Charleston'.'
Q. Just in Charleston?
A. During the time that we were in
California, they both lived in the house in
Hurricane.
Q. All right. So since you moved in
the house in the year 2000, sometime in the
year 2000?
A. April of 2000.
Q. April of 2000. And that's been your
only residence since then except for
temporary resident maybe in South Carolina?
A. Correct. I was never a resident of
South Carolina. I was -- the company had a
room for me at the Holiday Inn in Myrtle
Beach on the Waccamaw River, and I lived
there, but I never established residency or
surrendered my West Virginia driver's license
or anything like that.
",b<.~,j;.J '.'i }""",.""y,,,,,..,.{Jt'f~'I"'W,M'(,,.}(,.o;.<,,,,,:,M"'''\''''~'~
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
<-''''''''W>4-\_~I~,~""'',,",,,.">~'::'';'I,Q''''''~~''''. ,"I>l..~ ..~,..,.,,",.1"""",_>~.-r.'''{i>:",ii''','.i'.'~',;.t';.~A~!''''''"A
~
~~;
equipment.
:~
~,;
Q. Do you know what the name of that
business is?
~
A. I believe it's Kanawha Valley
~
Construction.
~
Q. Do you recall when you made the
(j
first complaint about that business?
i)
A. Probably in 2000.
Q. Right when you moved in?
N
A. It would have been shortly after.
Q. And the complaint was over the noise
~.':"..;
level from the business?
:;
~
A. Correct.
~
Q. Is the business -- what time does it
~
open and start making noise?
I
~l
A. Sometimes as early as 5 or 6 in the
l
morning.
~
Q. And is that true today as well?
~
A. Today they probably start at around
N
a
7.
~
Q. And -A. They weren't very noisy t o d a y . i
Q. What time do they stop making noise?
l!
A. 5, 6, 7:00 at night. Sometimes
:,
i
i
,'. ,p;,,,-v.v.,,\I:i>
Ni.,-,..iY""",~,,';""''''k.t'~''~~~i;>:if..,.~~n=>'I<>~Il/~l'''W''''''')'~ri~''' ~':..""""""'Ai: ... ,;;,<~
~.""b:i'J"~;lA~""",,..II~"'''''~
12 (Pages 42 to 45)
f011 b12a-1 cae-4351-a011-04e1 c42b5e3c
JULY 23, 2008

Page 48 \)
Page 46
"~"
f,
k
1
2
3
the name of Ed Norris. He was no longer an

employee, he retired.
~
4
4
Q. Okay.
~
5
5
A. And Ed came out with two or three
~
"J
6
6
police officers, I believe, and ironically
~
7
7
the health inspector. I don't know why she
~
8
8
was there. I think she was at city hall,
~
9
9
and they all just ran down there together.
.~
10
10
KelTI Haden or something. I'm not sure what
~
11
11
her last name is. She still works for the
~
1
12
12
health department.
;
13
"~
13
Q. And that was about what year?
14
A. About five years ago, I believe. I t l
*
15
was right -- okay. The last municipal
16
election was 2007, and it was right around
~
17
17
the 2003. So it would have been about five
l8
18
years ago, 2003 municipal election.
&
19
19
Q. Okay. Have you made any complaints
I~
20
20
to anyone about Kanawha Valley Construction
21
21
since 2003?
~
22
22
A. Yes.
II
23
23
Q. And to the same people or police?
~
24
24
A. To the police department. They were
~
1_2_5__~w~0~0~d~r~a~c~k~w~a~s~s~e~t.~0~n~fi=r~e~a~nd~th=e~ow~n~er~0~f~____~2~5__~a=c=tu=a=1l~y,~"th=e~pc,o~l=ic~e~-_-~th=e~cl~ity~~~o~n=e~__.______~~
2
there's been people that are later than that.

Q. Who have you-A. They're usually done by sunset.
Q. Who have you complained to about
Kanawha Valley Construction?
A. The police department.
Q. Hurricane Police Department?
A. Yes, ma'am.
Q. Any other complaints?
A. The city manager, the mayor, former
mayor.
Q. City manager and the mayor. Anybody
else?
A. Not that I recall. There was a
city councilman that responded to a letter
that I wrote to the Hurricane Breeze, and I
wrote back to his response, and it was
shortly after that that the, around that time
that the wood rack was set on fire in the
front of our house. And also it was
actually the day after Channel 3 did a
report about their noise that I was featured
on on the 11 :00 news. The next morning the
Page 47
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Page 49
the company said that I set the wood rack on

fire, but we had e-mail transcripts from AOL
that showed that I was in the home sending
and receiving e-mail at the time that he
said that I was out in the front yard.
Q. What is the name of the owner, or
of -A. I think it's Dale Sweat. I'm not
sure what his last name is. He was the one
that called -- instead of calling the fire
department he called the city inspector,
which we still find interesting. Most people
call the fire department when there's a fire.
And Dolores and I were home in the house,
and they pounded on our door and said, Hey,
the front of your house is on fire. Dolores
had come home sick from work and I was
upstairs sending and, sending and receiving
e-mail.
Q. SO the guy that owns the crane
service is the one that called the -A. He called the city -Q. -- city inspector about the fire?
A. The retired city inspector, a guy by
"~:"",/.:~",~"",... ,-""')..J.:: ..;\*"",,,,u. ,I....,.:.. "", ,~W"'N.;'" "~'-;"Ot.
......,.
(.(t
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
point had, had modified its noise ordinance

with stated decibel levels, and they violated
those. I believe at the time he was a
lieutenant, now he's a captain. Wingo cited
them for it, and the police chief at the
time, Mark Baker, tore up the citation and
basically dismissed it. I didn't think a
police chief in this state had the authority
to do that, but that's what, that's what
Mr., or Captain Wingo told me happened after
the citation.
Q. That citation was issued after 2003?
A. I believe so.
Q. In response to your complaint that
followed the fire?
A. No. The complaint was about their
noise. It had nothing to do with the fire.
Q. Right. But you complain about the
noise again after, after the fire?
A. Correct.
Q. Right. And that was -- is that the
last time you had any complaints about this
property next to you?
A. I've complained to the city numerous
~~":=PN"""'-"",,~"'" fI~"<!;"'':,.,." ~?W ~,><""~;':J.,' ...." ......"""'''..I:O<'.,;~.1~ ",,,,,,.,~.'k;~'<IIi"",,v, ... ,,'.'-"" .. ,M,~,,g
',."1;'
~
~
ti,
i
1
I
~
~~
i
~
~
~,"j
II
3~
~
i
I~
i
,
~"
,;',,(""'U.''''f'''=~l~~~,. ,..,_,..,.~),,,,,,,",u;,,. '''''''''''''(J~Uj'''''''''i''!~~~':!'.<I;:'(I\1h>'\-l,'J

"i<;"'
13 (Pages 46 to 49)
f011 b12a-1 cae-4351-a011-04e1c42b5e3c
JULY 23, 2008

Page 52 ~
Page 50
1
2
times, and they basically have told me they

2
down. It was before I moved here. It was
3
were there first so we don't care what it
3
a slab for, at the top of the hill for many
~
4
looks like or how it, how much noise it
4
years, just a concrete slab.
5
makes, they're just -- they're not going to
5
Q. What year was Nitro Electric tom
I".'.
6
do anything about it.
6
down?
7
Q. And your home is maybe a football
7
A. Well, Nitro Electric was a tenant in
8
field away from the inte;state, I-64?
8
the builldin g, and Nitro ElectricCmovedl.dout d
~
9
A. I'd say it's several iootball fields
9
probab y about two years ago. onso 1 ate
~
10
away, but I'm not very good at distances.
10
Freightways was there when I moved there.
~
11
It's more than one.
11
CF went bankrupt and shut down nationwide.
12
Q. And the train tracks run fairly
12
That building was vacant for a time. The
;l
13
close to the interstate there?
13
Nitro Electric rented it for a while and
ij
14
A. They run probably a mile or so away.
14
then moved across town. For what reason I
~
15
Q. From the interstate or from your
15
don't know. I'm, I'm assuming it was
16
house?
16
because the building was sold to make room
~
17
A. From the interstate.
17
for the Wal-Mart, or the KFC construction.
~
~
'.8
Q. Is that -- how far from your house?
18
And then the building was vacant for quite
J
19
A. How -- I don't understand your -19
awhile and was tom down during the time
i
20
Q. Would you estimate, would you
20
that I was in South Carolina. Part of it
21
estimate the railroad tracks are from your
21
was tom down. While I was down there, I
~
22
house?
22
came up, back here for several weeks for the
;.'
23
A. A mile and a half.
23
birth of our child, and the remaining part
~
24
Q. Mile and a half?
24
of it was tom down during the time that I
~
1_2_5____~A~.~P~r~ob~a~b~l~ya=b~ou~t~a~m=il~e~a=n=d~a~h=a~I~f.~________~2~5---w~as~he=r=e=fI=0~r=th=e~b=irt~h~0~f~0=u=r=c=h=il=d~w~h=ic=h~____~1
Page 51
1
2
Q. Okay. And what other businesses are

3
out there before this Wal-Mart went in?
4
There's several other businesses located close
5
to your property?
6
A. The only adjacent business to our
property is the crane yard. Down the hill
8
there's an office building that is, that's
9
called the Giz building, it's named after the
10
Harvey Giz family. And down the hill from
11
it is a church. There used to be a truck
12
depot that then was Nitro Electric for a
13
time, and that was razed to create the room
14
for the, now the KFC, the Arby's that's
15
under construction and the Taco Bell that's
16
under construction, and those are the only
17
business -- there was a hotel on the hill
18
across from our home, but it was out of
19
business before I moved to West Virginia. I
20
don't know what year it went out of
21
business, I wasn't here.
22
Q. Was that tom down, the hotel?
23
A. It was tom down.
24
25
A. I don't recall what year it was tom
-"'''''''''''"..:<:0:", ", ~1""~~"~'1..,;,:;t::~,"""",I,<:O=M~":<';'!.;.i=',"."
~
(I:\.\~, )' '{<J<:' ' ' ' '.I
.,..""v.",-;~';/'-t~\.ffl""':,a"""!;jj..'>.nJ!
>
Page 53
l .........
;.,;,k."I!.<O"
A<:-:.;,,./",,!:n',:.
2
3
4
5
6
was August 29th of2007.

Q. Do you know what company tore it
down?
A. I do not.
Q. Did you have any complaints about,
7
to anyone about Nitro Electric or
8
Consolidated Freight or any of the businesses
9
in that area?
l O A . No, ma'am.
11
Q. Isn't there a large car dealership
12
close to your home as well?
13
A. There are four large car dealerships
14
close to our home.
15
Q. Okay. There's more commercial
16
property surrounding you, even before
17
Wal-Mart, there was more commercial property
18
surrounding you than there was private homes?
19
A. That's not true.
20
Q. Okay. I know you have a neighbor
21
uphill from you?
22
A. Well, when you, when you, when you
23
say commercial property, are you -- I'm not
24
understanding if you're referring to the
25
zoning or buildings and businesses.
...;.....,/.-<. ,,,,,,Q:.,,,Z'(
">' ' :~'," "*,. , "'i; ",j~""~;HCo'.u:. ~':?"""""iI.'-"'""

...
'"
,'i'W'A
',"",,",l(..;ui.?-
i
~
it
:1
~.~
I
~
~
i
~!
~~
I,
\1
!
~
!
j
i
~
1
~
~
I~
~~~!{ al>~~o,~~~rn
14 (Pages 50 to 53)
f011 b12a-1 cae-4351-a011-04e1 c42b5e3c

-.
Page 54
JULY 23, 2008

Page 56 ~
1
2
1
2
Q. I'm just saying you own a private
a shopping center built adjacent to the
~
3
3
home, you have your home, next to you is a
Wal-Mart where another home was taken down
I:.
4
4
crane service and then right down from that
for the shopping center. One was for the
5
5
would have been where Nitro Electric was,
Wal-Mart, one was for the shopping center.
6
that would have been right on route -- what
6
Q. SO the home for the Wal-Mart would
~
7
7
route is that that runs -- if you drive down
have been directly across from your house?
~
8
8
your road and go to Huntington?
A. No. Across from our house was the
~
9
A. Hurricane Creek Road.
9
hill that had the hotel pad on it. The A
.~
10
10
Q. Hurricane Creek Road.
frame that was taken down for the Wal-Mati
J
11
11
A. Let me try to answer your question,
and the pond were up the hill and to the
~
12
if you don't mine.
12
left. And up the hill, straight up the hill
~
13
13
Q. I'll just say put a radius, like a
was a double-wide that was taken, I think it
~
j
14
14
mile radius around your home, aren't there
was a double-wide, that was taken down for
,]
15
more businesses than there are homes?
15
the Hurricane Marketplace shopping center.
16
16
A. I would say probably 40 percent of
Q. Okay. Well, you filed this
i
17
17
that area would be businesses and the other
complaint in 2007 against my client and
6.~ :'
1.8
18
60 percent are vacant property now. The
Cleveland Construction and the city. And I
~
19
19
Wal-Mart property was about 25 acres of woods
think your, your claims are a little bit
~
20
that the hotel used to sit on.
20
different about the city, but as far as
~
21
21
If, if you put my home in a circle
Kanawha Stone Company, can you explain to me . ;;
22
22
facing across the street, that was vacant
why, why you have sued them?
~
23
until the Wal-Mart went in and blew up the
23
A. They made our life a living hell.
R
ij
24
24
hill and destroyed the neighborhood. On the
They blasted on a daily basis, sometimes
ff
25
25
right side of our home as you're standing in
multiple times a day. Your, your client's
~
----~~~~~~~~~~~~~~==~~----~~--~~~~~~~~~~~~~~~~------I~
Page 55
Page 57 Ii
.~
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
the front yard facing forward, we have

residents on that side of us. In back of
us there's a one-lane road that separates our
property from acres and acres of woods. At
the top of that hill there's several homes
up there. At the bottom of the hill you
have the church. The Giz building. And
then the church has only been there for
several years, prior to that the building was
vacant for a couple of years, and you had
the Consolidated Freightways. On the other
side of Hurricane Creek Road you now have a
bank that's under construction. It was
vacant for, that land was vacant for many
many years. You have homes back of them.
On the front side of the that area you have
the Saturn and the Chevrolet dealership.
Q. Were there homes, during the
construction for the Wal-Mart, were there
homes that were taken down that were
destroyed, purchased and destroyed?
A. There was, there was one home that
was destroyed and taken down for the Wal-Mart
along with a very pretty pond, and there is
,,!I;\'''.M..,.~~l1!hI:~W.iLl'''''''iW'i:I!
};~~~ ..t-<":""":W'.W"'t.:.",);':;:,;."
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
~
president Art King came to my home, met with
me in my living room, promised me the
blasting would be no more than the whoosh
sound of a closing door. He lied. The
home, rocked our home. It felt many times
like being in an earthquake in Southern
California, which unfortunately I have a lot
of experience of enduring that. It caused a
lot of stress, it caused a huge amount of
nOIse.
One of their blasters was not
licensed and was cited by the state for not
being licensed. I belleve it was a
subcontractor of your client, but
nevertheless.
Your client made our life a living
hell and refused to do anything reasonable
about it. He promised us a blasting
schedule so that we could leave when the
blasting occurred and schedule other things
to do then, and he never provided that.
Q. SO your biggest complaint against
Kanawha Stone is the blasting and the noise
from the blasting?
I~'
i
;j~
.~
.~
~
i!
1
~
i
i
~
~
~
g
~fi
~
1
~
'r;
~
(I
I
Ii
I'
;1
~~c.:.~,.U:K.";''J.>M:,~$..:uW'.~_>l.i'_.,.",\><..~I,~.>a'.iti.tr'-';;~G.~I.t.<.''''im;:;4V.l:h.~\I>''''~:'',,:";~,~ . ;:>lW"'m.v...)""lM1i>~"',").l.:l.!.,"",h\\,~.,"lIi ii<1.r.v~_""*,,.a;:~"'41$;.;o..."\CCi"-n..~ntt'i~u~'l':~IW>:t.!<.~~"*' <,,~i
15 (Pages 54 to 57)
f011 b12a-1 cae-4351-a011-04e1 c42b5e3c
JULY 23, 2008

Page 60 ~
Page 58
1 2 1 1
A. The noise, the vibration -2
blasting occurred you put, you made mention
I
3
Q. The noise -3
of it in your blog?
~
4
A. -- the deception, the unlicensed
4
A. Not every time but many times.
5
blaster.
5
Q. During the time period of the
~
6
Q. Well, the unlicensed blaster was
6
blasting, that about six months there in
78
employed by a different company. But -7
2007, what, during that entire time period
?,'
A. It was employed by Kanawha Stone.
8
what was your employment?
~
~
9
Q. I don't think so, but we don't have
9
A. I was working for Cingular until
10
to disagree about that now.
10
January, and then I went to work for PRe.
~
11
In terms of Kanawha Stone, your
11
I also published my web site, and then I
~
12
complaint against Kanawha Stone is the
12
work, went to work for Channel 15 in South
13
blasting and the subsequent noise and
13
Carolina.
14
vibrations from the blasting?
14
Q. SO you were working for Cingular.
~
15
A. And shock waves from the blasting,
15
Was it a full-time job?
~
176
yes.
16
A. Yes. We already established that.
,~.',1
1
Q. Okay. And you recorded I guess in
17
Q. And I can't remember which ones are
~
18
your, in your blog you recorded, made a
18
full-time or not, but what were your hours
~
19
record of every time that blasts went off
19
at Cingular?
\\
20
that you were present at home; is that
20
A. As we said earlier, it was about 2
~
21
correct?
21
to 11, 3 to 11 the majority of the time.
~
22
A. That I was present at home, yes.
22
The first six weeks I was with the company
~
23
Q. You didn't -23
it was a 9 to 5 training schedule, and I
:\
24
A. Many times I left during the day
24
prefer to work in the evenings for issues of
~
1_2__
5 __~j~u~st~t~0~g~(e~t~0~ut~o~f~t~h~e~n~ig~lh~t~m~a~re~sl~'ru~a~t~io~n~______~2~5__~b~e~in=lg~a~bl~e~t~o~ru~n~e~rr~a~nd~s~an~d~n~ot~m~is~s~w~o~r~k~,__~;
I
t
Page 59
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
that your client put us in.

Q. Can you recall what months the
blasting, how long the blasting occurred?
A. I recalled -- I 'don't recall
specifically. There's notes in the blog. I
recall that Mr. King told me that they would
end it in June or July, and then another
contract was signed and they extended
farther, and then eventually I went down to
South Carolina and I'm not sure if the
blasting continued after I left or when it
ceased exactly, but there's notes in the
blog.
Q. Do you recall when it started, the
blasting started?
A. I believe it was December or January
of one year, but I don't recall. I believe
maybe December, January of 2007. Again,
there's notes in the blog.
Q. SO the blasting that you're aware of
was you think estimated time period about
seven, about six or seven months?
A. Or longer. i,'
Q. And every time you were home when
Page 61
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
1
&
being able to run the web site and things

like that. Now that we have the baby,
taking him to doctors' appointments, I can do
that during the day and still get to work on
time and not have to take off work, which
I've done a number of times since he was
born. So at PRC I also worked evenings.
Q. SO you were home during that, the
tirne period that blasting was going on you
were normally home until around 1:00 or -A. 1 to 2:00.
Q. And then you would be gone until
around 11 :OO?
A. Correct. And then I typically
worked, worked on Sarurdays to have a weekday
off to substitute teach or do other things
during the week, as I do now. I have
Mondays off and work, I work a Tuesday
through Saturday schedule. So on -- pardon
me -- on the weekday that I was not working
the full-time job I would be home in the
evenings and afternoon, late afternoon.
Q. How much time do you average working
on your web site and the blog every day? I
!
j
~
~
I,:,',
i
.~
'j
i
~.l,
i,
I
~
I",'.
~
!
I
~
16 (Pages 58 to 61)
f011 b12a-1 cae-4351-a011-04e1 c42b5e3c
JULY 23, 2008

Page 64
Page 62
1
~
guess you work on it every day?
23
did a lot of dirt moving and grading, and
j
A. I work on it every day several hours
that was, the noise from that was very
a day.
4
excessive. I recall on the 4th of July I
~
Q. During this time period when.;he
56
had g?nhe in tTohhave aM
sleep S~ldYJdlon3e d
j
blasting was going on, was your Wlle
overnlg t at
omas emona, u y r ,came
~
7
employed?
7
out, and I was on the interstate coming home
~
8
A. Yes.
8
on the 4th of July, and at a quarter to 7 \
9
Q. Was she -9
in the morning Kanawha Stone's graders were
~
10
A. With the exception of her maternity
10
creating a hell of a lot of noise, just a
~
11
leave. And when she was student teaching -11
huge amount of noise. She called me on my
12
THE DEPONENT: Was that during the
12
cell phone on the interstate in tears because
~
13
blasting, honey?
13
it had woken her up on a holiday morning.
~.
14
Q. If you don't remember, just say.
14
And two days after we were promised by the
~
15
A. I don't recall.
15
city council they would enforce a noise
:i
16
Q. Okay.
1176
ordinance, your client was obnoxiously loud
~.ri!
17
A. She took some maternity leave for
in making noise on a, on a national holiday.
!l
1_ 8
the birth of our child. She -- he was born
18
And the graders were an ongoing
19
in August. I think .she was taken off work
19
problem. And I'm not sure exactly how much
i
20
in July oflast year because of health
20
of the grading work was done by Kanawha
~
21
issues. And the previous fall, fall of, you
21
Stone and how much of it was done by your
22
know, late fall the late part of2007 she
22
subcontractors and how much of it was done
~
23
was student teaching, and so she was at
23
-- a lot of the grading equipment had
ij
24
school during the day but she was not being
24
Kanawha Stone logos on it. I don't know who
~
1_2_5_-,p,--,a_id_a.;..s_an
___e_m--l-..;.pllo~)Y,--(e,-,e_._S_h_e_w
__a.:.:..s_n.....o'--t_e__m.; ;Jlpr:. .l__o"'-"-y~ed"-'._ _-t-_2_5__e"-l__
se"-"-'w_a_s__o_n_t_ha__t--,p_lr_0.L......p1erty
____a_nd_w_h_o_e_l_se_y,,-(0_U_ _ _ _I~
1
2
3
4
56
I
I
Page 63
1
2
3
4
5
6
'7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
She was on -- you know, she did quit work

to student teach.
Q. Okay. So she quit work from -what work did she quit to student teach?
A. I believe she quit in August,
because that's when the fall semester starts.
Q. I mean, what job did she have that
she quit so she could student teach?
A. I believe she worked for the State
Department of Education. I don't recall for
sure.
Q. Okay. So she would be gone until
she took her, until July, I guess, until
July of 2007 she would normally be away from
home most of the day until 3:00 in the
afternoon and then -A. Well, she student taught in the fall
until about 3, and then she went to work for
BB&T and worked pretty much a 9 to 5
schedule, and then was off for the maternity
leave, and then of course she was off on
holidays.
Kanawha Stone, you asked a question
earlier I'd like to go back to. They also
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Page 65 J.
.1
hired, but the equipment from that was just

a horrible way to treat your neighbors, just
a horrible way to treat your neighbors.
Q. Do you know how many contractors
were actually working on the Wal-Mart site?
A. I do not. I don't have access to
that information. It's -- they're
privately-held companies, and that's not
public record.
Q. And you've not seen any subcontracts
or contracts with any other contractors?
A. I have seen some sub, some
subcontractors. Did I say that clearly
enough? I'm sorry.
Q. But the contracts actually to know
who was contracting with whom, you haven't
seen those?
A. I have not seen those.
Q. SO you're assuming that they were
subcontractors for Kanawha Stone?
A. Well, I was told by Art King that
some of the blasting was subcontracted and
some of the grading was subcontracted. He
didn't specifically tell me to who and how
~
~
~g
f
!~
~~
.~
~
~
W
a
~
i
j
i
1
!j
1;
{
i
~
(!
17 (Pages 62 to 65)
f011 b12a-1 cae-4351-a011-04e1 c42b5e3c
Page 68
Page 66
1
2
much.
Q. Okay.
3
4
A. That was his, his lame excuse for
5
the blaster not being licensed.
Q. Your first complaint about the, all
6
7
the construction that was going on for the
8
Wal-Mart site, who was your first complaint
9
made to?
l O A . I never complained about the
11
construction at the Wal-Mart site. I
12
complained about the excessive noise. I
13
don't mind if people do construction, I don't
14
mind if people build. I think progress is a
15
good thing. I think disrupting your
16
neighbors for months and years is a very bad
17
thing. So I didn't complain about the
18
construction.
19
Q. Who did you complain to your first
20
complaint about noise?
21
A. Ben Newhouse and the police
department.
22
Q. Okay.
23
24
MS. SANDERS: I think we'll go off
25
the record and change tape.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
believe it, I believe it's his father's

property. He has a wife and a child. I
don't know their, their names.
Q. Okay. Are there any other neighbors
that you have?
A. There are people up the hill, but
they're, I don't know if! would call them
neighbors. There's a double-wide right above
Jay's property, and then in back of us
there's a hill, a road, and there's a
cluster of homes, and I couldn't even tell
you those people's names. I don't...
Q. None ofthese people that live in
your area; in your neighborhood have
approached you with any complaints about the
Wal-Mart building?
A. Yes. John, John Clay was
interviewed by Channel 3 complaining about
the noise from the Wal-Mart. And I believe
the thing that he complained about was he
called them the boom boxes in the cars.
Although I find that rather ironic because
John has a motorcycle that he likes to fire
up and let warm for 15 minutes to a
Page 69
Page 67
JULY 23, 2008
VIDEOGRAPHER: This concludes tape

number 1 in deposition of Mark Halburn, and
we're off the record at 2: 14 p.m.
(Whereupon, break.)
VIDEOGRAPHER: This begins tape
number 2 in the deposition of Mark Halbum,
and the time is 2:23 p.m.
BY-MS.SANDERS:
Q. Do you know your neighbors that live
next door?
A. I'm acquainted with my neighbors. I
don't have a lot to do with them.
Q. Okay. Do you know their names?
A. I know there's a John Clay and a
Maddie Clay that live full-time next door.
They have adult children that I see visit
and sometimes stay there long periods of
time. I don't know if they move in there
or just come for vacations or whatever.
Q. Okay. Are there any other neighbors
that live around you?
A. John's son, who I believe is a
junior or a second who goes by Jay, lives in
a single-wide on the other side of John on I
2
half-hour in the morning that wakes our baby
3
and makes more noise than the Wal-Mart
4
traffic does on the days that he leaves it
5
sitting there for long periods of time.
Q. SO John Clay was on the news
6
7
complaining about the noise because of the
8
Wal-Mart being open and people coming to the
9
store?
l O A . Correct.
11
Q. Okay. But I'm asking do you know
12
of any of your neighbors that came,
13
approached you about the construction, during
14
the construction, before the store opened,
15
during the grading, during the blasting?
16
A. John, John and I had discussions
about it. There's a guy by the name of
17
18
MacDonald, I think his name is Mike, who
19
said, Look, it's horrible, but there's
nothing we can do, the city's corrupt, and,
20
21
you know, you can complain to them all you
22
want, they won't do anything about it. I
23
think Jay's wife said something to me at one
24
point. Everybody there felt it was, you
25
know, out of control, but the city of
18 (Pages 66 to 69)
f011 b12a-1 cae-4351-a011-04e1 c42b5e3c
Page 72
Page 70
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Hurricane doesn't give a care anything about

its citizens, and, you know, let's it happen.
And the mayor told me, he says, We want the
Wal-Mart more than you, and you'll eventually
move, so, you know, deal with it.
Q. My question is during the
construction, during the time the blasting
was taking place and the site was being
graded, did any of your neighbors actually
come over to you and say that they were
being bothered by the blasting or the noise?
A. Yes.
Q. And that would be John Clay?
A. John Clay and Mr. MacDonald and
Sally MacDonald,. his wife.
Q. Where do Mike and Sally MacDonald
live?
A. They live in the double-wide on the
hill above Jay's double-wide. There's
actually, there's actually, I don't know, for
lack of a better term I'll just try to do a
quick drawing of it. I don't know if I
need to hold it up for the camera. But the
dili road that we live on goes parallel to
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
the Wal-Mart. Our house is there, and this

side of the Wal-Mart is over here. Our
house, John's house, then there's a little
road that goes, intersects between John and
Jay's single-wide that goes up the hill, and
7
the MacDonalds live at the top of that hill.
8
Then behind us, behind our home, behind the
9
Clays, behind Jay and behind the MacDonalds
lOis the single road a:';1d there's a cluster of
11
homes up there. Arid Sally was also
12
complaining aboutthe noise and the blasting
13
and the disruption for the construction of
14
the Hurricane marketplace because that's
15
directly down the hill from their home. And
16
I have been told, though I have not seen the
17
contracts, that Kanawha Stone did a lot of
18
that work as well.
19
Q. Okay. So up the hill from you in
20
the area where the MacDonalds live there are
21
other homes around the MacDonalds?
22
A. There are -- that little single road
23
runs parallel to the back side of the
24
MacDonald's home, and on the other side of
25
that road there's two or three homes that
are side by side, and behind the first home

there's another single-wide. I don't know
those people's names.
Q. Okay. And you haven't talked to any
of those people about noise or any, any
inconvenience or anything about the site
construction?
A. I have briefly talked with one of
the neighbors that, our mailboxes have always
been together, they've since, they've been
moved during this process, and I would run
into him at the mailboxes and he would
complain about it. I don't know his name.
Pardon me.
Q. Have any of your neighbors expressed
any displeasure to you about your complaints
in your blog?
A. About my complaints in my blog, no,
they have not. They have said that it
doesn't do any good, that the city will do
what they want. John has gone to the city
council and complained about the construction
noise and the, and the traffic. I've seen
Mr. MacDonald speaking to some of the city
Page 73
Page 71
1
2
3
4
5
6
JULY 23, 2008
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
council people and the mayor, not during the

public meeting but before or after. To my
knowledge, John and Dolores and I are the
only ones that have gone to the city council
formally during, during a meeting and
complained about the noise and the traffic
and -- I take that back. Mr. MacDonald did
also complain about the guardrail that was
put up, because when he took his boat down
the hill he couldn't tum the comer without
cutting across John Clay's yard, and that's
the -- I did see him say that to the city
council. And the last time I saw the boat,
there was a boat parked on the edge of Jay's
property. I think he just no longer brings
it up the hill, he just leaves it on his
neighbor's property. And that's between
them, I don't get involved in that.
Q. SO Art King, the president of
Kanawha Stone, came to your house on one,
one time to talk about the blasting?
A. He met with me one time. If he's
ever been to my home -Q. Oh, I thought he was at your home.
19 (Pages 70 to 73)
f011 b12a-1 cae-4351-a011-04e1 c42b5e3c
Page 76
Page 74
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
'.8
19
20
21
22
23
24
25
No, he-A. No, ifhe's ever been to my home

other than that, I'm-not aware of it. He
met with me one time.
Q. Okay. Have you had any other
conversations with him about the work they
were doing other than that one time?
A. I had several conversations with him,
and then he ceased taking the calls. He
just ignored the problem, and, you know,
continued to terrorize our neighborhood.
Q. Didn't you call Kanawha Stone like
50 times a day?
A. No.
Q. What's the most that you think you
called them in one day?
A. Three or four times.
Q. That's the most in one day?
A. That I recall, yeah.
Q. Do you recall speaking to anybody
else in management with Kanawha Stone?
A. I do recall speaking to someone else
that I was directed to speak with. I don't
recall his name.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Q. Do you know, recall what you spoke

about?
A. The noise and the blasting.
Q. And what did that person tell you?
A. Call Wal-Mart and complain. They
directed me to I think it's a James Davis at
Wal-Mart. The work had to go on. You
know, they say it has to happen like it's a
hospital or a school or an interstate. It's
a department store. There's not a need to
have a Wal-Mart. But they would, you know,
try to, try to make it the same urgency as
something that, you know, really is necessary
to society. But the bottom line is they
didn't have to sign that contract, they
didn't, they weren't required to do the work.
They chose to and they decided to make our
lives miserable to earn a living.
Q. That's, that's the way you analyze
it, that's the way you see it?
A. Yeah. They, you know -- most people
earn a living without disrupting their
neighbors, without rocking people's homes,
without, you know, making excessive noise on
the 4th of July and things like that. And,

you know, Father's Day, at 6:23 on Father's
Day a year ago they were out cutting bricks
on the retaining wall. I didn't see a need
to do that at 6:23 on a Sunday morning on
Father's Day, but they were doing that at
6:23 in the morning on Sunday. And the
workers told me they worked for Kanawha
Stone.
Q. It seems like that you've written
some complaint about the Wal-Mart, the
construction, the noise, lights, almost daily?
A. It's been a problem almost daily.
Q. Okay.
A. This project that your client, you
know, was involved with has made our life a
nightmare almost daily, and the reason the
complaints were written almost daily is
because your client instead of acting like a
good neighbor with common sense and with
common courtesy towards their neighbors chose
to make our lives miserable to make a buck.
Had your client acted in a professional and
common courtesy behavior with consideration
Page 77
Page 75
1
2
3
4
5
6
JULY 23, 2008
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
and common sense, not running big graders on

the 4th of July and cutting bricks on, 6:23
on Father's Day and had someone, and I
believe they were Kanawha Stone vehicles,
shining lights. Before they blew down the
crest, they blew away a whole hillside to
bum hundreds of, maybe ifnot thousands of
trees. And by the way, your client was also
cited by the state for the amount of smoke
that that burning throughout our property -we had to, I had to take my mother-in-law to
her home in Charleston that day because the
smoke was so bad we couldn't breathe. Had
your client not acted like idiots day in and
day out, I wouldn't have anything to complain
about.
Q. SO how much of the day do you spend
documenting and writing and making phone
calls and just working on your complaints?
A. It varies from day to day.
Sometimes a few minutes during the
construction, sometimes it would be a couple
of hours. Far less than the time that your
client had spent sending excessive noise,
20 (Pages 74 to 77)
f011 b12a-1 cae-4351-a011-04e1 c42b5e3c
Page 80
Page 78
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
1_ 8
19
20
21
22
23
24
25
dirt, dust and smoke into our home.

My wife tells me that our, her
nephew was sitting on the front porch one
day and there was a blast and dirt landed in
our front yard.
Q. SO you complained to looks like
everybody on the city council. Would that
be accurate?
A. Yes.
Q. Everybody on the city council, the
mayor?
A. The former mayor.
Q. Chief of police?
A. Um-hmm.
Q. City attorney?
A. I have never contacted, to my
knowledge, the city attorney.
Q. Ron Flora, never contacted?
A. I don't recall contacting Ron Flora.
There -- we call -- I have a reporter that
contacted Ron Flora about something. I don't
recall having a conversation with Mr. Flora
regarding this.
Q. Okay. And it's your opinion that
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Page 79
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
everybody on the city council is corrupt and,

well, corrupt?
A. It's my opinion that everybody on
the city council is sold out to Wal-Mart and
is ignoring the citizens that have lived in
that neighborhood for decades, because they're
interested in the Wand 0 taxes and the
higher property taxes and the other revenue
from Wal-Mart, and they realize that
eventually we'll move. And it would not
surprise me if they're hoping that we move
sooner so that they can develop it sooner
and make more money off of the properties.
And we would like to move, but nobody wants
to live by a house to live across the street
from a Wal-Mart. Would you?
Q. Well, when you build in a commercial
zone, I don't know, you probably expect it.
But -A. No, we didn't expect them to blow up
a mountain and fill in a lake to put in a
Wal-Mart. No reasonable person would expect
that stupidity.
Q. SO there's nobody that is employed
JULY 23, 2008
by the city that has responded to your

complaints or that you have any respect for;
is that correct?
A. No, there's people that are employed
by the city that I have respect for.
There's nobody that has dealt with the issue
of the noise in my complaints that I have
any respect for.
Q. Okay. And you've also gone above
the city to the county and made complaints
to the prosecutor, Putnam County Development
Authority, county commissions, Putnam Sewer
District, circuit judge, you've made all
those complaints as well; correct?
A. That's correct.
Q. And nobody that you've complained to
has responded in any way that is satisfactory
to you; correct?
A. No.
Q. And you've gone above the county and
complained to state government, the governor?
A. Yeah, I have contacted my state and
government officials and asked that they pass
a noise ordinance that restricts constmction
Page 81
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
noise so that it doesn't bother people in

their homes nearby. Constmction people have
a right to earn a living, we have a right
to peace and quiet.
Q. SO from the governor to your
delegates, to the senators, to the fire
marshals -A. The fire marshal cited your
subcontractor for blasting without a license.
Q. Okay. Well, none of these people
have given you, responded to your complaints
or given you the relief you've asked for; is
that right?
A. That's not tme. The fire marshal
cited your person for blasting without a
license. The fire marshal was restricted by
law, he said, to do anything more because
your blasting was within levels set by the
legislature that he told me that he thought
were too excessive and should be changed, but
as a fire marshal he didn't have the
authority to do that, he had to work with
the laws that were handed to him by the
legislature.
21 (Pages 78 to 81)
f011 b12a-1 cae-4351-a011-04e1 c42b5e3c
JULY 23, 2008
Page 84 B
Page 82
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Q. So only the fire marshal is the only

government official that's given you any
relief?
A. Correct. Mayor Edwards, whose
mayorship is in dispute, and the Supreme
Court will hear that case in September, told
us in the city council hearing a year ago
July when Dolores and I went to complain
that he would enforce the noise ordinance.
And a couple of days later on the 4th of
July while I was returning from the hospital
she was woken up at a quarter to 7 by the
graders from your company that were putting
huge amounts of noise as they dug the road
that's directly in front of our home.
MS. SOLOMON: Can we take one break
so he can tell her where the car is?
VIDEOGRAPHER: We're now going off
the record at 2:39 p.m.
(Whereupon, .break. )
VIDEOGRAPHER: Back on the record at
2:40 p.m.
BY-MS.SANDERS:
Q. SO of all the complaints you've made
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Q. -- of all the people that you've

complained to, city, county, state, even
Senator Byrd, Rockefeller, all the people
that you've complained to in the government,
the only person that you believe gave you
any satisfaction with making, doing something
about a complaint would be the state fire
marshal?
A. Correct.
Q. Okay. This home, do you know it
was purchased by your wife and her mother
for, what, $40,000?
A. I don't know. I wasn't married to
her then.
Q. Okay. The house is listed for sale
right now?
A. The house is not formally listed for
sale. We are working with a broker who is
working with a number, if not all, of the
neighbors. Right now he's waiting, trying to
figure out who owns that road in the back of
our home. And it's not in a formal MLS
listing because it's being sold as commercial
property, not as a residence because no one
It'.
;~j
ij
~
f/
,Il
:$
ii
}{
~\
~~
"
~
~
II~
:r
i
11
Page 83
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
about the construction, the only complaint,

the only person who has responded in any way
to do anything you've asked would be the
state fire marshal?
A. I have not complained about the
construction, I've complained about the
excessive noise, the excessive blasting and
the shock waves and the smoke. If they did
-- there's construction going on down the
hill across the street on an Arby's right
now on a bank across the way, I don't hear
it, I don't see it unless I'm driving by it,
it doesn't bother me. Knock yourself out,
have a good time. But when you're shaking
my house, you're smoking us out, when my
wife is calling me in tears on the 4th of
July because your graders woke her up very
early in the morning, when you're shining
lights in my window -Q. Mr. Halburn -A. -- that's rude and obnoxious.
Q. Mr. Halburn, that doesn't answer my
question. My question is -A. Yes, it does.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
wants to live across the street from what

your client created. And-Q. What's the name of your broker?
A. It would be McGuire, and the
gentleman's name is Doug. I don't recall
his last name. I could give you his phone
number if you'd like to have it, but...
Q. He works for the McGuire -A. Agency in -Q. In Tennessee?
A. In Huntington. I believe it's on
6th Avenue and 10th.
Q. Is he the second or third or fourth
broker you've worked with?
A. I believe the fourth. We have been
22
(Pages 82 to 85)
f011 b12a-1 cae-4351-a011-04e1 c42b5e3c
JULY 23, 2008

Page 88 ~
Page 86
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Q.
Have you had anybody look at your

home?
A. We have had the brokers look at our
home. One of them said that they brought
Bob Evans, a representative from Bob Evans
by, and our neighbors' prices, according to
him, and that was a guy by the name of Dave
who works for Family First Realty, our
neighbors' prices on either side of us and
around us were so high that Bob Evans walked
away from the table because they, you know,
they felt that it was too much of a land
investment to build a restaurant and have a
profitable restaurant. I don't know what my
neighbors are asking, it's not my business.
I don't ask them and they probably wouldn't
tell me.
Q. Have any of your neighbors sold-A. Mike Hall, who was one of the
brokers, also told me that the neighbors'
prices were too high.
Q. Mike Call?
A. Mike Hall.
Q. Hall?
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
"
I've been told and I believe that our

neighbors are seeing Wal-Mart and expecting
to make a huge amount of money and, you
know.
Q. Now that the construction is
complete, you're still complaining about the
Wal-Mart being next to you; correct?
A. No. I'm complaining about the
traffic that is generated by the Wal-Mart
being next to me and the lights that are,
you know -- I mean, our front yard glows at
night. You look -- you know, our windows
are lit up by the lights across the way.
And keep in mind our home is about
100 feet from the dirt road that's the
frontage road to our home. I've never
actually measured it, but I know that when I
had an electric weed eater I used a 100 foot
cord and it reached out to, you know,
reached out to edge the edge of the lawn.
The dirt road is probably about another 15
to 20 feet, there's another 15 or 20 feet,
then you have the road that goes into the
Wal-Mart, then their parking lot, then the
Page 89
Page 87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
A. H-a-l-l.
Q. Have any of your neighbors sold any
property since the Wal-Mart was built?
A. Since it was built, no. While it
was under construction there was a family by
the name of Mullins that sold a double-wide
at the top of the hill to make room for the
Hurricane Marketplace. And the, I believe
his last name was Fitzwater, everybody called
him Slim or Slick, they sold the A-frame to
make room for the Wal-Mart.
Q. Do you know what their property sold
for?
A. I believe that one was 350 and one
was 300, but I don't recall off the top of
my head.
Q. And it looks like you're asking 350
for your property?
A. My wife and her mother are asking
350.
Q. Okay.
A. Which, again, I've been told is less
than what our neighbors want for, want for
their properties. I think our, you know,
J.~\.j.<s..~'H~>"'lfJL'" 'o'.4~. ~,".w.w"
""''.01>
",.,;M.."'''',"'It;,~.''''V''~'':'; u,.".~" ,wl;.::o-Ci"
<ft~"''''.,".,,,
'.x I~"'"
~ .11t.'\;~~',, ..... "''''-'''-I;"-:''''..,,,,'';i.;j',1i
.,
(jJ};"<rv:.~~.,'
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
~M
~
!.
I
i
iI!
t~
l
~
~,1
J
I
~
"~
~
'i
11
}
~
~~
~
~
~
U,
store. So to get that much noise into a

home that far away is a substantial amount
of excessive noise.
And we get woken up at 5 a.m. by
cars. I've had, heard women screaming at
their boyfriends or husbands or whatever in
the parking lot at midnight. The street
sweeper typically runs at between 11 and
midnight or 12:30 when it can certainly run
during the day. Delivery trucks at 4 or 5
a.m. have woken us up, woken our baby up.
You know, we can't enjoy our front lawn. If
you're sitting out in the front lawn you're,
you know, inhaling fumes from traffic and
listening to all the excessive noise.
Q. And are you blaming Kanawha Stone
for the Wal-Mart being there?
A. I'm blaming Kanawha Stone for the
noise and the problems that it did and
helping to build something that has been
awful for our neighborhood and our home.
Q. SO your complaints about Kanawha
Stone center on the approximately six month
period of time when there was the blasting
.''' .... ;,; ..... v~,~:..,.,.).,J.' ... ,,~-'-<'\:.v,~,.
,,::l,~"''i<'''''''-J:,:.ru:>h\iM(.,.. ~..,..t~)O:,.,,;,'_ ~~t7='1."-l
~]
tl
1
~
~
~
t
~
I
,~
~
I
j
i,
~
i~
'1
~
~
.. .,;;t .....- . . .... ~>.~..x..r,,\O":.J.'....~"'~... """(.
23 (Pages 86 to 89)
f011 b12a-1 cae-4351-a011-04e1 c42b5e3c
JULY 23, 2008
Page 90
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
L8
19
20
21
22
23
24
25
and the grading going on?

A. And the smoke.
Q. And the smoke.
A. And the lights.
Q. And that's about a six month period
of time?
A. I'd say six months to a year.
Q. All right. Do you have any other
lawsuits going on that are connected to the
Wal-Mart going in?
A. Not at this time.
Q. Have you had one going on, another
on~
A. We had, I had one that went on when

I learned that the blaster or I received
tips that the blaster did not have a
license. I contacted Cleveland Construction
and asked them legitimate questions. When I
came home from work from CingulaI' that night
they had me arrested at about 1 in the
morning. And I was acquitted, and their
client fell apart on the witness stand. I
was acquitted. And we filed a lawsuit for
false arrest and that was recently
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
someone pulled in front of me and I

broadsided them. Ironically Captain Wingo
also did that police report, and I was found
not to be at fault. The truck pulled out
in front of traffic and stopped.
Q. Didn't you have an automobile
accident in August of2006?
A. That's the one I'm referring to.
Q. Is that case still pending?
A. No. It never went to court.
Q. And your deposition was never taken?
A. Correct. There was clearly no fault
on my part in that accident.
Q. Okay. Did you ever file a trip and
fall like falling at a mall, did you ever do
that?
A. I never fell at a mall, no.
Q. Okay. How many times have you been
arrested?
A. Twice.
Q. What was the first time for?
A. In 1989, ironically it was Halloween
day, I had purchased a shelving unit that
was missing a piece of shelf and the
Page 91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
dismissed, and I'm hoping to appeal that.

Q. It was dismissed by the court?
A. Yes.
Q. And Mike Clifford represented you on
that as well?
A. Yes.
Q. SO you have had that lawsuit, this
lawsuit. Any other lawsuits? You've had
several lawsuits for auto accidents; correct?
A. I've had -- I was in an accident
about two years ago that there was a
lawsuit. There was the one that we
mentioned with the prior deposition. And the
one a couple of years ago there was no
deposition. I think there's been maybe two
to three related to a car accident. I don't
remember exactly.
I was rear-ended in front of a
specific university about, about 15 years
ago, the one we talked about earlier, where
I was injured. My car was totaled. His
car was totaled as well. No, I take it
back. His car was totaled, mine was not.
Two years ago my car was totaled when
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
retailer directed me to the store to pick,

or to the factory to pick it up. I picked
it up without incident. And I was on my
lunch break, went back to school, I was
teaching that day. I went home and they had
concocted a story about me pulling a gun on
them and robbing them and et cetera, et
cetera, et cetera over this plank, for lack
of a better term, of a shelf. I spent
about a week in jail. My -- they dropped
the robbery charges, reduced it to a
disturbing the peace, and my attorney
instructed me to plead no contest. They put
me on a year of summary probation and then
would expunge it, which they did. And to
sue the company, we did, and the company
filed bankruptcy to get out of the lawsuit
and a lot of other legal problems that it
was in, and I ended up not getting anything
out of that.
A. The arrest was 1989, the plea was
1990, and the expungment, and it was
expunged, was either '92 or '93.
24 (Pages 90 to 93)
f011 b12a-1 cae-4351-a011-04e1 c42b5e3c
JULY 23, 2008
Page 96
~
Page 94
~
1
1
~
2
Q. When did you, when did you file suit
2
A. Whittier.
3
against the company?
3
Q. Whittier?
~
4
A. It would have been sometime during
4
A. Whittier.
~
5
1990. I don't remember the exact month.
5
Q. Do you recall the name of the
~
6
Q. And what, what, what jail were you
6
doctor?
~
7
in, what county and city?
7
A. No.
~
8
A. I was in the San Bernardino County
8
Q. Do you know what you were being
~
9
Jail in Rancho Cucamonga, California.
9
treated for?
,
10
Q. And you're -- .
l O A . My mother, who had lots of
~
11
A. We were told, later that the piece
11
psychiatric treatment herself, and they later
12
that they gave me belonged to another
12
basically told me she was the problem, felt
;j~
13
shelving unit that ended up screwing up a
13
that I was, just needed to see a child
14
hundred thousand dollar order from a company
14
psychologist or psychiatrist. I don't even
*
15
that told them if anything else was screwed
15
remember. There was a Dr. Roman. I
fi
16
up they would no longer do business with the
16
remember his name.
17
company, and so they basically said, had to
17
Q. Do you know if you were diagnosed
l
18
come up with something to justify to keeping
18
with any, any condition?
i
19
their contract. And that was -- ironically
19
A. No. As a matter of fact, when I
20
the shelving unit ended up getting lost.
20
was in college I went back because I had a
.~
21
When I got out of jail and went to get it,
21
younger sister who used to like to throw
22
they couldn't even find it.
22
that in my face, and I went back and met
1
23
Q. What was the name of the company?
23
with both of them and they basically told me
3
24
A. C and 0 or 0 and C. It was some
24
you'll remember that you only saw us for a
~
1_2~5__~r~e~al~g~e=n~e~ri~c~fu~rn=i=m=r~e~m=a=n=u==ac~m~r~e~r~th=a=t~w~a=s~____~2~5___s=h=0=rt~t=im==e~an=d~I~sa=i=d~Y~e=ah=.~I~sa=i=d~-_-________--41
I
I
i
i
i
i
t
Page 95
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
based in Ontario, California.

Q. Did you have a gun?
A. No. I don't own a gun, didn't own
a gun.
Q. Have you ever had a gun permit?
A. I have never had a gun permit. I
have never needed one. I've owned one gun
in my life, and it was a gift from the
grandfather of somebody that I was dating,
and I had the firing pin in a safe deposit
box and the gun at home, and I sold it when
I was in college to pay for mition one
semester.
Q. And the second time -A. It was never even fired.
Q. The second time you were arrested
was when?
19
20
21
22
23
AQ' WOkas theHincident a yeahI' df so ag~. .

.
ay. ave you ever a psychiatnc
treatment?
A. When I was a child.
Q. Where was that?
Page 97
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
12 90
21
22
23
~
~
~
And do you know why? I said, No. It's
~
because we told your mother that she was
~
nuts and that you were okay and that she was
.j
wasting her time bringing you here.
Q. Do you know what your mother's
psychiatric problem was?
?
A. She's very -- I would say she's
~.'
manic depressive, and at one, at various
a
points when I was in junior high and high
school she was suicidal.
i
Q. Is she still alive?
~l
A. Yes.
~
Q. SO you've had no, no psychiatric
~
treatment or psychiatric medications since you
were a child?
n
A. N o n e . !&
Q. Do you, do you drink at all?
~
i
i
A. NWatelr. h l?
Q.
0 a co 0 .
A. I typically when I go on vacation
will have a drink or buy a four pack of
Bartles and James about once a year. And
3~
~
J
~
;L.,"3~";;~;r~f:~~:"" ,. ,'. ,_,_,.,,_~ ,~L,,~~~~~~~~l;;::{~~~,,,_.J

25
(Pages 94 to 97)
f011 b12a-1cae-4351-a011-04e1 c42b5e3c
Page 100 J
Page 98
JULY 23, 2008

;~
~
~
were in Myrtle Beach the year that Daniel,

2
gravel lot. And literally I would go out
~
her nephew, came with us, and I had a, I
3
between satellite breaks. I did newscasts
~
went to Margaritaville and had a margarita,
4
twice, you know, two or three times and
.
banana one.
5
hour, and I would fill in the rattlesnake
Q. Okay.
6
holes on a daily basis. We had to shoot
~
A. We don't have alcohol in our home.
7
one in the parking lot one day so that this
~
Q. One other, one other question. The,
8
young, so this lady would, could go to her
.~
I think it was a radio station or TV station
9
car because it was near the tire. And I
,~
that burnt down that you complained about
10
said, Look, if we don't take care of some of
where you worked and you said it later
11
these issues -- and as an insurance agent
~
burned down?
12
that had training for safety and things like
~
A. Yeah, KECR.
13
that, there were some concerns. I said,
~
Q. KECR in California?
1145
We're going to have a fire, and if there's a
~I ,'
A. Well, the studios are actually in
fire it will take out some of the towers, it
.,
Moreno but the license say Alcone (phonetic).
1176
could take out the studio. I was told, Oh,
~
Q. Okay. And that occurred, the fire
you're a troublemaker, we've never had a
I~
~ 8 occurred about two months or so after you -1198
problem, God will take care of us, because
:,
19
A. No, the fire occurred several years
it was a Christian radio station. And in
20
later.
20
2003 the brush fire took out, took down one
21
Q. Several years'after you worked there?
2212
tower and damaged an apparatus around the
.~
22
A. And it was, you know, basically I
other five or six towers. And did not
~
23
said if you don't cut this brush down, if
23
damage the studio mostly because the
'
24
there's a fire -- the fire department would
24
combustible materials near the studio I had
1_2~5_-,c:...:o:.::m:::.e:...o.::..u:;,.;tCl.'..;..:w..::e...;;d::.:o:...po::.;u,,~b:.:l::.:.ic:...a=f:::.fa=i::...r-=sh:::.o=-w:..:..::.ls,...;;t=h.::..eyl..l,____-+-'2..:.5__r:..;e:;:::m=-0=-v:....::e:..::d:...:a=n:.:d:..>g;;z.;~0:.:tt:.:e=n:...:n.::cd=_=_0::.:f._T=h.::..ey<.....::.::ha=-d=-=-st=-a.::cck:::.e:..;d"'--___ ~
Page 99
Page 101 ~
n
1
1
2
2
you mow, keep the brush 30 feet away from
them up behind the building, and it burned
~
3
3
anything that you don't want to bum or to
down.
~
ft~
4
4
Q. SO it burned down after you had
be damaged. And we had an engineer that was
If
5
5
moved to West Virginia?
like, Oh, they're full of, you mow, I won't
~
~
6
6
repeat the word in front of you, but, you
A. Yes.
i
7
7
)j
mow, and we've never had a problem here
Q. Okay.
8
MS. SANDERS: Okay. I don't have
8
before and, you mow, just, you know, shut
~.~
9
anything else right now. If you want to go
9
up and do, you know -- and part of the
m
10
10
issue was is that we had safety problems on
11
11
THE DEPONENT: And before he stops
the site.
12
12
that, most of the things, most of what I
And I was in a management position,
13
recommended they have now done. Too little
13
and I had an employee that came to me and
i"
14
14
too late.
said I don't feel safe here. The gate is
"~
15
15
very dark, I get here before sunrise or work
~~
16
16
the record, and the time is 2:57 p.m.
after dark. We had, oftentimes we had
n
17
17
(Whereupon, Break.)
homeless people. I found loaded weapons on
j
18
18
VIDEOGRAPHER: We're back on the
the property one day that somebody had
~
19
19
record, and the time is 2:59 p.m.
abandoned that were stolen loading weapons.
20
20
EXAMINATION
And so as a manager I had some
~
21
21
BY-MR.KONSTANTY:
responsibility, because I worked at the site
22
22
Q. Good afternoon, Mr. Halbum. How
and, you mow, I bought some, bought a
lil
23
23
security light for the gate, upgraded the
are you?
24
24
A. I'm hanging in there. It's a long
lighting around the parking area, talked to
25
25
afternoon.
them about doing something about -- we had a
2
3
4
5
6
7
8
9
10
11
12
13
145
1
16
17
I
i
~
26 (Pages 98 to 101)
f011 b12a-1cae-4351-a011-04e1 c42b5e3c
JULY 23, 2008

Page 104'1
Page 102
iI
1
I
~
2
Q. I'm Paul Konstanty. We've met
2
that I wrote the article.
3
before.
3
Q. Why wouldn't you put your name on
~
4
A. Never been introduced, though.
4
it, then? That's the question. I don't
~
5
Q. As you know, I represent Cleveland
5
understand that.
)
6
Construction.
6
A. Because I chose not to.
~~
7
On your internet web site, it's
7
Q. I see. Because of the content of
~
8
called PutnamLive.com; is that right?
8
the quotes?
~
~
9
A. Correct.
9
A. Not necessarily but sometimes.
~
10
Q. And are you the owner?
10
Q. Okay.
~
11
A. Yes.
11
A. The commentary that you're holding in
g
12
Q. Does PutnamLive.com or you, do you
12
your hand has my name on it.
~
13
have employees?
13
Q. Yes, I understand this does, but
~
14
A. I have people that freelance for me.
14
there are other articles you've written about
~
15
I don't have any staff employees.
15
this proj ect, Cleveland Construction, the
6
117
Q.
are those
people?
A. Who
Lawrence
J. Smith
is, and he's the
J.'
..
18
only one that contributes editorial content.
Q. Let me just remind you to let me
19
I have a couple of high school kids that
finish, because I don't want you to answer a
20
have done archiving where theYJ'ust cut and
question that I'm not really asking you. So
,
21
paste and did data entry and things like
21
to be fair to you, you should let me finish
22' that. Lawrence is the only one that's done
22
before you answer, and it's also helpful for
23
any, any editorial content.
23
Kathy. And it's also helpful for me because
~
24
Q. Okay. So then in a situation where
24
now I've forgotten the question I was going
~
1_2__
5___t~h~e~re~'s~a=n~art~1~'c~le~0~n~L~0~u=r~w~eb~s~it~e~in~w~h~ic~h~____-+~2~5__~to~a=s=k~y~(0~u~.__________________________---4~
1
I'~
li~:068 wAa.I-Mvaertry-~ew.
:..."
i
I
Page 103
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Page 105
you're quoted, would Mr. Smith be the author

of that article?
A. Sometimes.
Q. If he's not, who is?
A. I would be.
Q. SO you write the article and quote
yourself?
A. I write the editorials and quote
myself. I don't recall ever quoting myself
in a news article. Lawrence has quoted me
in a couple of articles as well as other
people.
Q. And -A. I should say l\vrite most of the
editorials myself. Some people do contribute
editorials.
Q. Is there a reason why it appears as
though someone else is writing those
articles?
A. There are sometimes on occasion I've
published something where I have not put my
name on the article because of the quotes
that, of my quotes in it, and that would be
the, you know, that would be the reason is
~
)1
1
2
A. This may be the first time that
3
Cleveland Construction has been fair to me.
4
Q. There have been other articles that
5
you've written about either Cleveland
6
Construction or Wal-Mart or this project that
7
don't appear in your blog, they're just out
8
there on the web site in the news section;
9
correct?
l O A . Correct.
11
Q. And from time to time you write
12
those articles but also from time to time
13
you don't put your name on those articles?
14
A. Very rarely.
15
Q. Okay. I noticed -16
A. And I don't even know that there's
17
more than one, but very rarely.
18
Q. Would you be surprised if there was
19
more than one?
20
A. No, but I don't keep a running
21
count.
22
Q. Incidentally, the blog that you have
23
on your internet site, PutnamLive.com, you
24
have used, have here Cleveland Construction's
25
logo?
i~l
Ii
~
~
j
~
~i
.~
i{
:1
~
i
~
~~~~~~~~_~~~.~~~~~~~=,~_~..~.m,~~~~=.mm=~~~~a"~'_~~~_'~_~~~'~A=~,,~~~~~_m'~~'~~'~~~i~~~>~~~~,~~,_~~~m=~_~~~=~.~$=~,~~~~~.~I~~.~~~';~~'='~_~~~~~~=~==_~_~
__
==._=_~>m~:,"~~",~J
27 (Pages 102 to 105)

f011 b12a-1 cae-4351-a011-04e1 c42b5e3c
Page 108
Page 106
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
A. Correct.
Q. Did you ask them for permission to
use that logo on your web site?
A. No. There's something called fair
use doctrine that doesn't require you to get
permission to use a logo.
Q. Okay. Who is Carol Short Sudden
Link?
A. Carol is a -Q. Is that her name?
A. Her name is Carol Short.
Q. Okay. Sudden Link is where she
works?
A. Carol is -- well, where she worked
until probably a month or two ago.
Q. Okay.
A. She is a, she is a former
advertising rep for Sudden Link who has gone
to work for the local, what it's called this
month, CW station. Used to be the WB
station, but they've moved their office down
next to Kinko's and she's since gone to work
for them.
Q. And what if anything, does she have
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
just want to be clear. Can you tell me

when, from what month and what year you were
in South Carolina?
A. July of2007 until late September of
2007. And then for a time I was here in
the middle of that when our son was born and
spent some time with my wife and son when,
for the first couple of weeks of his life.
Q. That was some time during July to
September?
A. Well, I came back here either on
the, I believe it was August 27th when I
returned. He was born on the 29th. She
had some complications where she needed to
have some home health care and needed to
have a husband around to help take care of
the baby while she was dealing with that,
and, and I was here for probably a couple of
weeks. It was going to be -- it was
supposed to be just a matter of a week, but
it ended up I think being an extra week or
two. I don't recall exactly which, you
know.
Q. But sometime in September of 2007
Page 107
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
knowledge of of this issue with the Wal-Mart?

A. Carol has visited my home on several
occasions to pick up an advertising check.
I think once she dropped off diapers as a
baby present for when we had our child. At
one point she literally couldn't even drive
her car onto our property because the road
was blocked from construction work. And
she's seen and heard and experienced the
excessive noise, as have other people.
Q. And we've already talked about Mr.
Smith. He's your freelance contributor?
A. He is a freelance contributor. He
freelances for The Record and a number of
other papers. He doesn't work exclusively or
freelance exclusively for me.
Q. And David Bledsoe, is that a
Realtor?
A. David Bledsoe was the Realtor that
was dealing with the Bob Evans deal that I
referred to earlier. Thank you, I didn't
recall his name at the time.
Q. Ms. Sanders asked you a lot of
questions about your employment history. I
JULY 23, 2008
Page 109
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
you returned here to West Virginia

permanently?
A. On the 21 st or 22nd of September,
maybe the 23rd.
Q. Do you know when Cleveland
Construction began its involvement in the
Wal-Mart project?
A. I don't remember the exact date. I
believe it was December of 2006. There was
another company before Cleveland that had the
first part of the project. I understand
that they were fired after numerous
environmental violations, and then your
company came in later on.
Q. My client. It's not my company.
A. Okay, your client. Fair enough.
Q. You also mentioned earlier the
continued construction that goes on at the
bottom of the hill near the Courts car
dealership, KFC, the Taco Bell?
A. Correct.
Q. That's where all that is going on.
Is it your testimony that you have
not ever complained about the construction
28
11
(Pages 106 to 109)

f011 b12a-1 cae-4351-a011-04e1 c42b5e3c
Page 112 1
Page 110
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
.8
19
20
21
22
23
24
25
noise from those project.

A No, I have complained. I complained
about the constmction noise from the KFC.
Q. Not the bank?
A The bank is on the other side of
the hill, or other side of the street. For
about a week the bank was doing, about a
week or two, was breaking up a bunch of
rock, and I complained about that. Since
then it's never been a problem.
Q. And these complaints appeared in your
blog?
A I believe they did. And they're no
longer a problem.
Q. During the time when the blasting
was going on, was that before or after my
client was involved in the project?
A To my knowledge, it was after, only
after your client was involved with the
project.
Q. The blasting was finished when
Cleveland Constmction was on the proj ect?
A. No. The blasting started after
Cleveland, to my knowledge after Cleveland
JULY 23, 2008

1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
l i c e n s e . l~
Q. And do you know who his employer
was?
~
A A subcontractor of Kanawha Stone. I
~
don't, off the top of my head I don't
~
remember the name.
I
Q. Do you know why they're not part of
~
this lawsuit or that blaster?
~
I
A No, I do not.
~
Q. Have you personally suffered any
~
physical injury as a result of the Wal-Mart
~
i~
project or anything that Cleveland
i
Constmction has done?
~
A Physical injury, no.
~
t'l
Q. During the time of blasting, and I
i
{
heard you earlier, six months to maybe nine
iJ
or a year; is that fair?
~
A I would say closer to nine, possibly
~
longer, but I don't know if it went on a
full year.
~
~
Q. During that time did you ever
j
personally perform any sound testing during
~
the blasting?
I
A No.
~
I------------~--~------~----------------_r----------------------------------------~t
Page 111
Page 113
if
I.
1
1
'
t1
2
Constmction started on the project is when
2
Q. Did you hire anybody to do that sort
~
3
the blasting started. I don't have a
3
of work for you?
4
contract to know what date your company or
4
A No.
~
u
5
your client started work on the project. I
5
Q. Have you ever obtained any sound
~
6
know in January of 2007 it was going on, and
6
level testing related to the blast?
~
7
I received a tip about the blaster without a
7
A I have not. The state put a meter
IJ
II
8
license, and I was - and that blaster was
8
in front of Mr. Clay's home, some sort of
~
f
9
cited. And...
9
seismograph, and according to Sterling Lewis,
~
10
Q. Do you know the circumstances around
10
the fire marshal, they went right up to what
K
p
11
why that gentleman didn't have a license?
11
was legal and did not cross it, but he felt
~
12
A He didn't renew his license.
12
that it was excessive for a neighborhood, but
13
Q: It wasn't the fact that he didn't
13
under state law he could not do anything.
~
14
have a license, it was, it's like not
14
Q. Because the law hadn't been violated?
~
15
renewing your driver's license?
15
A Because the law hadn't been violated,
.:f
16
A But when you don't renew it, you
16
although he felt that the law had too much
1
17
don't have one.
17
room for high levels of blasting for w h a t t
18
Q. I understand. It wasn't for some
18
was, what was appropriate.
~
19
improper purpose, he just failed to renew his
19
Q. That's his personal opinion, but the
~
20
license, which you investigated; right?
20
point was -21
A I was told that he -- that, that
21
A No, that's his professional opinion.
~
22
was later dismissed without a hearing, which
22
Q. Excuse me. His professional opinion.
~
23
showed great prejudice by the legal system.
23
Which that's what he told you?
24
And I was told by Mark Sorsaia that he
24
A Right.
~
25
blamed his employer for failing to renew his
25
Q. He said in my professional opinion
;
~~~~~.=~W~"C~~_~~~~'0~~~~~_~.~~~mm~~~~_~_.,,~~=~~_=_~"_~",m"_,~~...~,~~~~~~__
~,,~~~mR~mm~~~~S~~~~~~~~I~~~~
29 (Pages 110 to 113)

f011 b12a-1 cae-4351-a011-04e1 c42b5e3c
JULY 23, 2008
Page 116
Page 114
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
these levels are too high?

A. He may not have used that phrase,
but I was speaking to him on a professional
level. We weren't out having a beer or
anything, it was a professional conversation.
Q. And did he say that the -A. He encouraged -Q. -- blasting levels were not exceeding
the -A. The state threshold.
Q. That's what he told you?
A. Well, I'm phrasing him, but, yes.
Q. Sure. Okay. Fair enough.
A. He also encouraged me to contact the
legislature to get them, get those levels
reduced, which I did.
Q. And you've been unsuccessful in
having any relief -A. Correct.
Q. -- thus far?
A. Thus far.
Q. Have you ever been asked to leave
the govemor's office?
A. No.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
had to take her mother and leave because we

couldn't breathe, but I'm not saying that
they damaged the home.
Q. Yeah, I understand that. And I just
want to make sure that I'm clear that, for
instance, you don't know or you don't have
any reason to know whether the foundation has
been disrupted as a result of this blasting?
A. No, there was a, there was a
Christmas omament that she had hanging on
the living room wall that a blast went off
and the house shook and it fell down and got
shattered. That, to my knowledge, is the
only physical damage.
Q. Okay.
A. And it wasn't to the structure, it
was to a Christmas omament.
Q. No windows were broken, no siding
fell off?
A. None.
Q. You've observed no cracks in your
foundation?
A. None.
Q. No roofing material has blown off?
Page 115
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
,.
Q.
Have you ever been asked to leave

Mark Sorsaia's office?
A. No.
Q. Have you ever been escorted out of
the Putnam County Courthouse?
A. No.
Q. The four Realtors that you have been
in contact with about your home, your wife's
home, has anyone ever made a physical
inspection of the house?
A. Yes.
Q. Do you have any personal knowledge
from any of those people or otherwise that
your wife's home has been damaged as a
result of the blasting?
A. No.
Q. Do I understand correctly, then, that
the dust and debris would be the only
physical damage to the house?
A. And the smoke.
Q. Okay.
A. And I don't say that they damaged
the house. Let me clarify. It's been a
major hassle, the smoke. We literally, I
,
""'"
..
~:o-~=
....
~~):
..
~,!<,;:.,,~.
Page 117
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
A. Not to my knowledge. I have never

been on the roof, but I've never seen
anything on the ground from the roof.
Q. Your wife and her mother purchased
the property sometime in the early nineties?
A. I believe it was 1992. I'm not
sure. I did not know her then.
Q. Okay. And you're aware that the
purchase price was $40,000 at that time?
A. I've heard that number. I've never
seen the contract or looked at any of that.
I've heard that number. Again, it was
before I knew her.
Q. Have you ever, and including today,
had any financing from the property, meaning
a mortgage that you're responsible for?
A. There is nothing in my name. I pay
a percentage of the mortgage. You know, our
income is pooled together.
Q. Sure.
A. And it goes for the mortgage
payment, but nothing is in my name.
Q. The deed for the house is not in
your name and the mortgage is also not in
..
t?~.\i11.,;...~""",~~;u,~.a'lJSJ=(Miffi"""r;, i,~s:.", ;a,~.'.<;;.i>U;;l;>'1
.;)'<Il~"",~ W:;>;',*""V,Vi<~...u.:~"",~~lAJi"""'_
:o1:,:>!~""",;;.;:"lt<_~I-l~""""""",""~';;J,if"I.~"~"W-I'M<"~1""~~",.,,.;"
30 (Pages 114 to 117)

f011 b12a-1 cae-4351-a011-04e1 c42b5e3c
Page 120
Page 118
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
.8
19
20
21
22
23
24
25
your name; is that fair?

A. Yes.
Q. In your opinion, has the value of
the house increased or decreased since the
Wal-Mart was constructed?
A. Decreased.
Q. What do you think the value of the
house is?
A. I've been told by the Realtors that
it's now valued at less than $100,000, and
that would be for a residential property for
someone to buy the home to live in the home.
Q. Sure.
A. We have been told that it's worth
anywhere between, you know, 300 and 400,000
as a commercial property; however, we've
never had an actual offer for commercial
property.
Q. And who, who's told you that?
A. Mike Hall, Dave Bledsoe.
Q. Okay. Can you, can you describe for
me, I have a difficult time understanding,
what would prevent someone buying it as a
residential property for $100 000 or less as
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
you say, and turn it into a commercial piece

of property?
A. We're not going to sell a home for
less than $100,000]:01' someone to buy it to
tum it into a commercial property. That
would, that would prevent it.
Q. Because you won't sell?
A. We will sell. We're not going to
sell the home -- our mortgage, I believe, is
about 115,000. We're not going to sell a
home for less than what our mortgage is and
take a loss. And I don't believe and I
don't think there's anybody in this room that
would want to live across the street from a
Wal-Mart.
Q. Were you and your wife married when
this mortgage was taken out, 115 or so?
A. We've done some refinancing, and,
yes, we were married.
Q. Okay. And then -A. Or I should say they did the
refinancing. I'm not on the mortgage.
Q. Your wife's mother is still a part
of that?
A. Yes.
Q. During that process of refinancing, I
assume that the bank sent out an appraiser?
A. An appraiser came out. I don't
believe it was sent by the bank.
Q. Okay. Would the bank have required
an appraisal for this financing?
A. I believe. But, again, I wasn't
entirely a part of that process.
Q. Even the new refinancing since you've
been married?
A. Yeah. Nothing is in my name.
Q. I understand it's not in your name.
Do you have any knowledge of it?
A. I have some knowledge of it. I
remember taking some phone calls and
referring the papers to her, and at one
point I negotiated down the interest another
quarter or a half point. We've actually
refinanced it I believe it's been twice, or
they refinanced it twice since we've been
married.
One of the refinances was done was
to remodel the kitchen, living room and
Page 121
Page 119
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
JULY 23, 2008
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
dining room. And at that time I heard

rumors about a Wal-Mart coming in and I
contacted the Putnam County Development
Authority and was told, no, there's no
Wal-Mart, nothing's been signed, nothing's
been happening. We refinanced it. And I
found out later when I did a FOIA request,
after I realized I'd been lied to, that they
had signed the contract prior to us
refinancing. We would not have done that
had we known a Wal-Mart was being built
across the street. Gary Walt of the PCDA
lied to us about that deal.
Q. And-A. And I had to do a FOIA to get the
truth.
Q. And can you tell me why the Putnam
County Development Authority is not also a
part of this lawsuit if you have that
complaint?
A. I've been advised by the attorneys
that, to not sue them.
Q. Okay.
MR. KONSTANTY: Let's go ahead and
31 (Pages 118 to 121)

f011 b12a-1 cae4351-a01104e1 c42b5e3c
Page 124
Page 122
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
.8
19
20
21
22
23
24
25
change the tape.

VIDEOGRAPHER: This concludes tape
number 2 in the deposition of Mark Halburn,
and we're going off the record at 3:20 p.m.
(Whereupon, break.)
and we're on the record at 3:27 p.m.
BY-MR.KONSTANTY:
Q. I heard your testimony earlier about,
Ms. Sanders asked you about your neighbors,
and you mentioned Mr. Clay and he had been
interviewed by the television, and you also
mentioned that he has a motorcycle that's
noisy and he lets it run. Did you ever ask
the City of Hurricane Police Department to
enforce the noise ordinance against Mr. Clay?
A. Yes.
;
Q. And what was their response?
A. They went out and told him to quiet
it down, and then later the noise ordinance
was thrown out of court. But they've been
out at least once, maybe twice and told him,
you know.
A. Oh, at least several, possibly 10 or

more. I don't recall specifically. And
4
they were rather rude and refused to do
5
anything. And, again, the complaint was not
6
about the construction, it was about the
7
excessive noise and the blasting and the one
8
day about the blaster not being licensed
9
after I received a tip that he did not have
l O a license, which he did not at that time.
11
Q. It's possible that you called
12
Cleveland Construction on more than 10
13
occasions?
14
A. Possible.
15
Q. Possible that you called them on 10
16
occasions in just one day?
17
A. No, I don't believe so.
18
Q. How many times do you think you
19
would have called their construction trailer
20
or their corporate office in one day?
21
A. I believe I called their corporate
22
office three or four times in one day. To
23
my knowledge, I never called their trailer.
24
They had an office that was in the
25
Consolidated Freightways building, and I
2
3
Page 125
Page 123
1
2
3
4
5
JULY 23, 2008
Q. And you didn't sue Mr. Clay for

violating the noise ordinance, did you?
A. No, I did not.
Q. When you say the noise ordinance was
6
thrown out of court, I assume you're
7
referring to a hearing that we've had in
8
this case; is that right?
9
A. The hearing, I don't know if it was
lOin regards to this case, it was a hearing on
11
the noise ordinance itself to -- it was a, I
12
believe you call it a writ of mandamus
13
hearing to enforcetlw city to enforce the
14
noise ordinance. And the judge, in my
15
opinion, made a mistake and ruled that it
16
was unconstitutional.
17
Q. You heard Judge Chafin say that the
18
ordinance was unconstitutional?
19
A. Correct.
20
Q. And that's the judge you're referring
21
to?
22
A. Correct.
23
Q. How many times over the course of
24
this construction project did you call
25
Cleveland Construction?
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
called it. To my knowledge I never placed,

I don't know where their phones were, but to
my knowledge the trailer was put up long
after all of the, long after the false
arrest. I called them far fewer times than
they disrupted our home.
Q. Tell me specifically what Cleveland
Construction did to contribute to your
complaints here.
A. Made or allowed their subcontractors
to make excessive noise, blasting, burning.
On a regular and consistent basis they
basically said, you know, Hey, we're going to
build this and we don't care what you guys
are dealing with, and, you know, we're just
going to go forward with the project.
And instead of putting up a berm or
putting up a sound wall or putting up trees
or any or all of the above and trying to
cooperate with us and, or work out a
schedule so that they can make as much noise
as they want to when Dolores and I were at
work, they basically took the attitude of
we're going to do this and the city is
32 (Pages 122 to 125)

f011 b12a-1 cae-4351-a011-04e1 c42b5e3c
Page 128
Page 126
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
.8
19
20
21
22
23
24
25
letting us get away with it and so, you

know, we're going to do it.
Q. Is it your opinion that Cleveland
Construction had authority to direct the
blasting schedule as opposed to -A. Yes.
Q. -- Kanawha Stone or someone else?
A. Yes. I was told by Mr. King at
Kanawha Stone that the blasting schedule was
set by Cleveland Construction. And I was
told by Mr. Stone, after he committed to me
that he would provide it to me, that
Cleveland Construction directed him not to
provide the blasting schedule to me or anyone
else.
Q. And in response to that did you call
Cleveland Construction?
A. I called them and asked them for a
copy of the blasting schedule.
Q. And what did they say?
A. They refused to do it.
Q. Who did you talk to at Cleveland
Construction on that specific occasion?
A. I don't recall.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
be happening had Cleveland Construction not

built the facility.
Q. And if Cleveland Construction hadn't
built the facility, do you agree somebody
else would have?
A. Not necessarily. According to
Cleveland Construction's web site they're a
huge builder for Wal-Mart. And the other
company that they hired originally didn't
build the facility. That's an assumption
that you're making.
Q. That I'm making?
A. Right. That, that, you know, had
they not done it somebody else would have.
I don't know how many construction companies
there are that are out there that are
qualified to build a 185,000 square foot
Godzilla in a neighborhood.
Q. Is, in your opinion, Cleveland
Construction qualified to do that?
A. Yes.
Q. Did Cleveland Construction have any
role in disrupting your postal service?
A. To my knowledge they were involved
Page 129
Page 127
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Q. Was it somebody in the local field

office or somebody at corporate?
A. It was somebbdy, to my recollection,
in the local field office.
Q. Was it Mr. Koon?
A. I don't know. I don't recall who
it was. I called, I spoke to Mr. Koon
about the blaster not being licensed. He
hung up the telephone. I called him back, I
said, Look, I really want to get your side
of the story. He hung up again. The next
time I saw or had anything to do with Mr.
Koon was when we were in court the day that
he lied on the witness stand and lost the
case.
Q. The complaints that you have with
the Wal-Mart now, the traffic, the street
sweeper -A. The noise.
Q. -- the delivery trucks, the noise,
the lights, agree with me Cleveland
Construction doesn't have anything to do with
that?
A. No, I don't. Those things wouldn't
JULY 23, 2008
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
with the work down at the bottom of the hill

for either sewer and/or electrical lines that
blocked our mailboxes on several occasions.
I know at one point when I came down the
hill and turned the comer to go to work I
almost came, I almost collided, what do you
call it, nose first, head-on collision rather
with a tractor that was going the wrong way
on the street that was being supervised by
Mr. Day, who I later saw or had seen testify
in court was being driven by an employee
that I assume worked for him that -- so they
were doing quite a bit of work down there
and disrupted our mail on several occasions.
involvement in the disruption of your
electricity or telephone service?
A. I don't know who was specifically
involved with that.
Q. You have had, I won't call it a
lawsuit, but you've had a disagreement with
the Putnam Sewer District and AEP over
interruptions to your service; correct?
A. AEP, interruptions to our service,
33
(Pages 126 to 129)

f011 b12a-1 cae-4351-a011-04e1 c42b5e3c
JULY 23, 2008
Page 132
Page 130
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
_8
19
20
21
22
23
24
25
1
2
3
4
5
6
7
there was no interruptions to our sewer

service, but the strip of grass in front of
our home was tom up. We received a letter
from PPSD saying that we would not have any
disruptions or very little impact or
whatever. Dolores came home one day,
couldn't get to our home.
They tore up the grass in front of
our home which still has not grown back
properly even though they made, you know,
made another repair to it. They, they seem
to think that throwing down seed and straw
and making people wait eight months for grass
to grow back is acceptable. I disagree with
that. They tore out the grass, they should
bring in live grass 'and replace it and make
people whole as quickly as possible, not make
them sit and wait.
The Public Service Commission is
determined that AEP Services, for lack of a
better term, deficient as far as reliability,
and since then there's been three major power
outages since that detelIDination was made.
And they tore up property on our hill and
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
has not met the state requirements to provide

infolIDation, and they're still trying to get
AEP to comply with the law and cooperate,
according to what their attorney told me.
Q. Whose attorney?
A. The Public Service Commission, John
Abba.
Q. Are you represented in that matter
by an attorney?
A. No. There was a couple of times
where our electricity had to be -- it was
shut off while they ran power lines across
the freeway to provide more power for the
Wal-Mart before it was built. I don't know
if Cleveland Construction or if that was
Hudson that was involved with that, but there
were some, at least two direct outages in
relationship to the Wal-Mart construction.
And they literally had to stop traffic on
Interstate 64 to do it multiple times.
Q. How long were those outages?
A. Several hours, to my recollection.
Q. And at what time of day?
A. Afternoon.
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
.~.~
back, and the sewer construction people that

worked with the sewer district tour up the
property in front. And we're getting, you
know, our property gets damaged in two
different directions and nobody seems to
care. It's like, Well, we've got to have a
Wal-Mart.
involvement to the damage to your lawn that
you just described?
A. Not to my knowledge. That was done
by Range & Son arid BBL Carlton and was in
connection with the Hurricane Marketplace up
the hill.
Q. And you -- have you been before DEP
or another administrative agency with respect
to power outages and AEP's service?
A. I have filed a complaint with the
Public Service Commission.
Q. And has there been a hearing?
A. Not yet. Scheduled for October, I
believe, if it gets to that point.
Q. Why-A. The last time I spoke to them, AEP
"'.:.,.\,'\r>.-, ..... n,~~....,,fti.:t~~')""'j,}'._... L'~':,:
. ':;:t:'''',;:'';<Oi~~llf'>" :',: .,,: ~""'"""'l<~"""'~'iI''t:::t'.wol:.WW,~~" !;.....,.N<,;<.,_"~~.v...
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
1i,(~f"~I.."':'(","'H~"'~
I
ij
;
~
~
~
1'~1.
~
v
~
~
"j
"
,~"
~
t
~
,~
I
I
~
i
~
(l;
Page 133 ;
!
Page 131
1
2
3
4
5
6
7
:~
,!
I,~
Q.
Were you at home?

A. Some of the time I think. If!
recall correctly, we left, went shopping or
to dinner or something to -- not a lot you
can do without power in your house.
This Wal-Mart construction has been a
pain in the neck for, you know, a couple of
years, and it went over schedule. We were
promised it would be done months before it
was done.
Q. Earlier I was asking you about the
value of the property, and I think we got
off track a little bit. I recall asking you
whether in your opinion the value of the
properties increased or decreased since the
Wal-Mart was constructed. And if I recall
correctly, you said that it has decreased?
A. I'm told that the value as a
residence has decreased.
Q. At some point, and we were getting
to -- this was the line of questioning that
we were on, it may have been when we changed
tapes, I had asked about appraisals and you
told me that you weren't involved with that
V'''''''.''''''n:", ..Y~'H1'r't.~'' ~ .
~ft',:l>l~W$.H}ili..:\;'!~:OO
...,.
W~
...... ~;~~,o;;I;
'1
1
1
;'1
~
~
~
~
11
i~
~
iij
,
~
i
i
'
"
...~<'lh,\"''''>\'IV. ""'?f~~YIi
34 (Pages 130 to 133)

f011 b12a-1 cae-4351-a011-04e1 c42b5e3c
JULY 23, 2008

Page 136 ~
Page 134
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
~~
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
y
A. No. But, again, had we been, had
~
the PCDA been truthful to us about the
~
~.~
option to buy with the Wal-Mart and had, you
know, infonned the public that they were
-~
~
selling public land as they should have done,
Q. Do you have -we would not have done that or they would
A. -- alTange for it.
not have done that second refinance and we
Q. I'm sony, I didn't mean to
~'
interrupt you.
would not have put that money into the home,
~
you know, because the resale value has gone
A. I didn't, I didn't alTange for it.
I think I, the day he was there, you know
down so much it's not worth investing in.
-- we, to my knowledge, she and her mother
Q. Sure. And so given your testimony
"it.
there with respect to the value and
refinanced it twice since I've been there,
~
~
refinancing the house and the work you've
and I met him on I believe the second
!j
appraisal.
done with it, would you agree with me that
l\
%
that complaint is better directed at the
Q. The most recent?
i-j
Putnam County Development Agency?
A. Right.
~i
~8
A. Yes.
Q. And how close in time was that to
19
when the construction of the Wal-Mart began?
Q. As opposed to my client or anyone
~
20
else in this room?
M
A. Shortly before. Again, had, had we
21
known that -- well, no, let me rephrase
A. Yes.
22
that. Shortly before the, that we discovered
Q. Did you have knowledge of the value
~
23
that there was an option to buy, to do the
that the appraiser assigned to your home?
~
24
Wal-Mart, the construction statied probably
A. I think she told me at one point or
jl.'~,:'
25
about
a
year
later,
but
the
option
to
buyI
another
what
value
was
assigned,
and
it
was
~
I----~~~~~~~~~~~~~~~~------~~--~~~~~~~~~~~~~~~~'~--~~
process, fielded a couple of calls?

A. I think I met the appraiser once,
and that was -- I didn't call him, I didn't
~~
I
i
i
Page 135
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
.,
believe was November 18th of2005 or 2006, I

don't remember, and we were involved with
remodeling the kitchen and that sort of
thing. I do recall, for example, we had a
pipe break. We had a pipe that always
froze, and when we did the kitchen remodel
we moved it with the idea that it wouldn't
freeze and ended up instead of just freezing
and being an irritant, ended up freezing and
breaking. And that year at Christmastime we
had to -- I mean, I literally was spending
part of the week in a Holiday Express, she
was living at her mom's in Charleston because
we had to re-gut the kitchen and redo
everything because of all the water damage.
And so I believe that was, you know, shortly
after November when the deal was signed.
I'd have to go back and look at exact dates.
Q. This water datnage and the pipe
freezing and breaking is not in any way
related to Wal-Mart, is it?
A. No,no.
Q. Nothing related to Cleveland
Construction?
Page 137
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
well over $100,000. I don't remember the

Q. Was it less than $150,000?
A. I don't -- for some reason 175
sticks in my mind, but I don't recall
specifically.
Q. How much land do you know goes with
the house?
A. The property that they own is .61
acres. There is a strip of property on the
east side of the, well, I don't want to call
it acreage, it's less than an acre, that
appears to be ours but actually, and we mow
it and maintain it, that actually belongs to
the construction yard next door. Their fence
comes about a foot or two short of their
property line.
Q. Incidentally, what's the name of that
construction yard next door?
A. I think it's Kanawha Valley
Construction, I believe.
Q. Have you ever asked the City of
Hurricane to enforce the noise ordinance
against that company?
~i
I~
~
specific number.
"""";Y 't<~"'"'-~"''''''i'.,'; "<>..\>~ ,,(Ii ~".'(i."'",;,J.i'.l~..........nA<n>:>;'..)4,~1."" ""'"=~"'~-;);!'3;..:,~h~1~"'~"""''''~~' "'''~~''''''''';;:''';';'''''''''.-''''';''\;:,"P~~)..\.N<'''''''''''''''' ,... ><>"~hl'. ~'.,.."'\""''':'': ", "'.'H(""'_~~
'"
.'I'~l.\.-.r"",,~ ,I'i";'r'~~~~ -
J,'i:l.-o';,,,,
';V.:.>U'l
:~l
g
lj
~
~
~
\.
l
~
~
~
~
'I
!
~
~.:
~
~
a
~
I
~
~\l<:,l'w.... ~".,...w-. .... "-""!.q
.......
35 (Pages 134 to 137)

f011 b12a-1cae-4351-a011-04e1c42b5e3c
JULY 23, 2008

Page
Page 138
1
2
1
AYes.
2
have, I would have liked to have done that,
3
Q. And what was their response?
3
but we never knew what time the blasts were
4
4
coming, so I don't, to my knowledge, have
A Well, as I said earlier in the
5
testimony, Wingo cited them and Chief Baker
5
any tape of the blasting. Sorry.
6
Q. Did any of the blasting occur during
-- well, there's been several times that
6
7
7
the evening at night when it was dark?
we've asked. In the early years they
8
8
A. Evening hours, I don't recall if it
ignored it and didn't do anything about it.
9
And there was actually a letter that I wrote
9
was after dark. Again, because I normally
10
to the Hurricane Breeze, and former
10
worked a swing shift I was usually not home
11
11
in the evening. Dolores could answer that
Councilman Boyles, pardon me, was councilman
12
12
question better.
at the time and responded to that letter,
l
13
and, you know, and it was talking about the
13
Q. Okay.
~
14
de1apidated property as well, and there were
14
A. Because she usually worked a 9 to 5
!
15
a couple letters written back and forth.
15
and was home in the evening.
~
16
But eventually Hurricane rewrote, for lack of
16
Q. To your knowledge and recollection,
~
17
a better term, their noise ordinance and put
17
was any blasting, did it ever occur before
.8
actual decibel levels in it. At that point
18
8:00 in the morning?
.~
19
I called out and Wingo cited them, Baker
19
A. You would have to look at the notes
~
~~
20
threw it out.
20
on the blog. I don't recall the morning
21
And then as they were testing their
21
times.
R
22
noise ordinance they discovered that just a
22
Q. Whatever's in your blog, then,
23
vehicle going down the street in front of
23
that's, you stick by that?
~
24
city hall technically violated it, so they
24
A. Yes.
I
r2__
5 ___w~e_n~t~b_a~c_k_a~n~d~plu~1l~ed~0~u~t~th~e~n~0~i~se~0~r~d~in~a~n~c~e____~2~5__~Q~.~O~k~a~w~. ________________________----~I
i
l
Page 141 ~~
Page 139
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
and went back to the one that you and I

dealt with that was eventually ruled
unconstitutional. Why Baker pulled it, I
don't know. Wingo said that he just didn't
want to do anything against a business, but
I've never had a chance to ask -- I didn't
find out until after the chief left that he
did that, and haven't had a chance to talk
to him about it. He's in Florida I believe
now.
Pardon me.
Q. Do you have any videotape or any
recording of any blasting?
A. No, not to my knowledge.
Q. And we've been provided in discovery
in this litigation with -A. Let me, let me finish the answer to
that question, if you don't mind.
Because of -Q. I'm sorry. I thought you were done.
A. No. And I wanted to add to that,
if you don't mind. Because we were never
giv~n a blasting schedule, I h~d no way of
settmg up a camera to record 1t. I would
, ... ~U,Hi'''~'''':->''''<)''~.'M''''''V.i.'K,~,"\t.\:l1'V~
1"().;'~~ '~.<;""t....*,.'$ }.~.a.,,":"::-h~,.:.,-n."-"l;~l.":'
;
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
A. I don't think there's a good time to

blast a neighborhood house whether it's in
the day or night or, you know. People are
entitled to peace and quiet in their home no
matter what time of day it is and in their
yard.
Q. Is there still a hammock in your
yard?
A. Y es.
Q. When's the last time you used it?
A. Myself, I don't recall. It tended
to be used more by Dolores, and she has
nieces and nephews in. Probably a year ago
was the last time that I used it.
I -- it's hard to enjoy your yard
when you've got all the construction and the
Wal-Mart and the traffic and everything
across the street. I rarely, other than to
take the trash to the curb, or, you know, to
work out in the yard, which I don't do that,
we hire kids now to mow our lawn, when we
had a riding mower I did it, but I don't
want to deal ,:,ith a push mower, and so I
rarely go out m the yard anymore. It's not
,,~.,""',..,......u~ ~ <;~<>J.'lovD;;.:;,,,,,,~,w,~,.,,,.,,~,{I~,,"\,,,,";',,.;< "-;""M';-'."'~'''\'I/.'~"~
"'''"I--'/>.
M"
~il),"'~~-",,,,,,.,.
~~'t&(M ;'I.>s:;W'm>ti(~I;f""""""""
_~
-$fo~v..,,-
- \"''''~,~
i
~
I
~
it
I
t
~
~
~
I
i
~
~
"~
i
~
~
li
i
~
.C::~""'!O\!W~S~"y'.,."",<':,'C
36 (Pages 138 to 141)

f011 b12a-1 cae-4351a01104e1 c42b5e3c
Page 144,
Page 142
JULY 23, 2008

~
2
enjoyable. Let the dogs out, let the dogs
2
car and your video camera and asked the
3
back in.
3
gentleman who he was and who he worked for.
4
We've got a beautiful home, and a
4
Do you recall that?
5
yard and a home that we -- we can't enjoy
5
A. Yes. When I called in the complaint
6
to Putnam 911, they invited me to meet
6
the yard anymore. All of that, the
7
construction and now the Wal-Mart has ruined
7
Sergeant Moore. I think he was sergeant.
8
our peace and quiet and the life that we,
8
He got promoted, I don't remember the time
9
you know, that we had and we enjoyed. Those
9
line exactly. Jason Moore of the Hurricane
10
people involved with it should be ashamed of
10
Police. And they said, you know, he would
11
themselves.
11
like to meet you out there, go ahead and go
12
Q. Do your neighbors use their lawns?
12
out there. And it was 4:23 in the morning.
13
A. My neighbor, Mr. Clay, has a front
13
I remember that very well. Not a time to
~
14
lawn that for lack of a better telID can best
14
disrupt your neighbor to pick up construction
\1
15
be described as a postage stamp.
15
equipment on Thanksgiving morning. Completely ;
16
Q. I didn't ask you -16
inappropriate.
~
17
A. And so -17
Q. In your opinion, does the videotape
~
.8
Q. Mr. Halburn, I appreciate that. I
18
accurately depict the noise that was going on
~
19
just don't want to belabor this point.
19
at that time?
~
20
A. Okay.
20
A. Some of it. I didn't roll tape
~
21
Q. But I asked you ifhe uses his
21
through the entire incident.
22
lawn, I didn't ask you to describe it.
22
Q. You I believe started in the house.
1i
23
A. Rarely. Rarely does he use his
23
You showed the clock either on your stove or
&
24
lawn.
24
microwave. Do you recall that?
_2__5____~Q~:__An
__d_d_i_d_h_e_e_v_e_r_u_se~it_b_e_fo~r_e_t_h_e________~~2-5-----A-.--C-o~rr~e~c~t~.---------------------------I~
I
I
I
Page 143
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Wal-Mart?
A. Rarely.
Q. Okay.
A. There's not much lawn to use.
Q. Any of the other neighbors, have
they decreased the use of their outdoor
property?
A. I don't mow. The other neighbors
are on the other side of John's home, and I
don't pay attention to what they do. The
Clays had a yard sale there the other day,
but...
Q. Was that a nuisance?
A. The yard sale? No, it was quiet.
Q. The videotape that we were provided
in this case, one of the videos, as I
recall, is family gathering I think at
Thanksgiving and it's various recording
throughout the day. There was I believe
earlier that morning at maybe 2 or 3 in the
morning a worker that was picking up some
equipment. Do you recall that?
A. Yes, very vividly.
Q. And you went out there with, in your
Page 145 :J
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Q.
n
~
And is it your testimony that you

could hear noise from inside your house?
A. Yes. That's what woke me up at
4:23 in the morning was the -- the piece of
equipment had a, for lack of a better term,
a reverse alarm or beep that I guess is
required by OSHA, that he was backing it up
across the parking lot, and it woke me up at
4:23 in the morning, otherwise I would have
been asleep .
Q. And did you ever discover who that
person worked for?
A. No. The police department refused
to disclose that to me. I did get a
recording of his license plate number.
Q. And what have you done with that?
A. Kept it on the tape.
Q. Have you made any effort to discover
that man's identity?
A. I asked the police department to
provide it, and they said that he gave Jason
Moore a business card, Mr. Moore refused to
give it to me. And then later when I went
to the chief they said that he threw it
il
~
f\1
~
1
~
i
~
"
~
~
j
~
~
"
'-::~
..\.'_"""=,.I,l:l:~.~~.,~.'"::="..4:(~<1amt~~.,,l::'lI~crn,l>.\1-\~~l'::::""'''!:!l1'''-U<"~:!ll':.=-~
..~~.~~%~~i'~
..ti~,~.""'="'~~~.
_=.~f.'.l,Ii!'l1i!~:':':!,'~~="~rn:J~=''''''''''~....~_4,..'''''':''''~'''''_'''''K\;iJ''''.t''<''''.,';.I~""'.~",""',"'.."".>,~"_'"""',a~*~""~."")..'. . . ""',n,.""'_.i~,.~"""o'J_(""',.;.f;.""'
.. >o""'.:.:.,""m,;
..Ii)"":
,""'~"""'r.""""',
..~"""""'"''''':o:l;,,,,''"'''''.=~.'v,~O!=~
...'''<l:I!._~,.
,.._~.m,.~~.>..~i!ld1:l:!)("'..::'l'm~~""m.,.~""W;.""'. 4l.;"""""'_".,p'N.:"","",;;,AA>;""'.,'_."7.,."",._"""'''''\~'"''=,_l.,
...~,,o.t;~
37 (Pages 142 to 145)

f011 b12a-1 cae-4351-a011-04e1 c42b5e3c
Page
Page 146
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
.8
19
20
21
22
23
24
25
away. I don't believe that he did, but

that's what I was told by Chief Mullins.
Q. Can you tell me why the Hurricane
Police are not a part of this lawsuit?
A. Because my attorneys have advised me
that not to file a suit against them.
Q. And I assume that's true with
respect to the malicious prosecution lawsuit
that's recently been dismissed?
A. Yes, although that will probably be
appealed. I'd certainly like for it to be
appealed.
Q. As a result of that dismissal of
that malicious prosection case, did you refer
to either Judge Chafin or myself as a
communist?
A. I don't recall.
Q. Do you recall whether you suggested
that I should lose my law license?
A. I recall suggesting that anybody that
argued against the First Amendment of the
Constitution should lose their license. And
that was a First Amendment issue that got
distorted in the in the case.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Page 147
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Q.
Are you suggesting that I lied to

the court?
A. I don't have to suggest it.
Q. Oh, I did, is that what you're
saying?
A. Yeah. It was a First Amendment
issue, and you went. in there and argued
about other things: First Amendment gives
the press freedom of the press, and I was
doing an investigative story about somebody
that did not have a license, and your client
had me arrested; and indeed he did not have
a license, and that was established and he
was cited for that.
Q. As a result of the construction of
the Wal-Mart, was your service, your water
service ever disrupted?
A. Yes.
Q. Was it ever discolored?
A. It was not discolored. Many, on
many occasions we had low water pressure,
because a tanker that had Kanawha Stone's
label on it that was, or name or sign on
the side, however you want to describe it,
JULY 23, 2008
was consistently filling up at the bottom of

the hill, and as a result the water pressure
was reduced on more than one occasion, on at
least one occasion. I believe more than one
occasion the water was actually cut off.
The city eventually had to move the
water tap to the other side of Hurricane
Creek Road because of my complaints as well
as those of Sally MacDonald about the reduced
pressure. And at one point the city
actually had a -- and this water tanker was
spraying to keep the dust level down. At
one point the city actually had a water
shortage and was having to purchase water
from someone else and even raised the water
rates to pay for that while water was being,
instead of being used for human consumption
was being sprayed on the Wal-Mart property.
Instead of being trucked in from somewhere
else they were wasting the water in Hurricane
and contributed to water shortage.
Q. And did the driver of that water
truck threaten you with a-A. Yes.
Page
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Q. -- with a wrench?
A. Yes.
Q. And do you know that man's identity?
A. I do not.
Q. Did you ask for him to be arrested?
A. Yes.
Q. And what was the result?
A. They did not arrest him because they
told me that I did not have video of it, I
only had still pictures of it. He should
have been arrested.
Q. As a result of the construction of
the Wal-Mart, have you sustained any damage
to walls in your house? We talked about the
foundation before. Have you lost sheetrock,
have screws started to come out of the
sheetrock, separate from seams, anything like
that?
A. No.
Q. I want to give you an opportunity to
tell me, aside from the things that we've
already talked about here today, the damages
that you have sustained, you and your wife
have sustained as a result of my client's
38 (Pages 146 to 149)
f011 b12a-1 cae-4351-a011-04e1 c42b5e3c
JULY 23, 2008
Page 150
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
~8
19
20
21
22
23
24
25
activities.
A. Excessive noise, dust, dirt, smoke,
destruction of peace and quiet in our home
and in our yard. When my wife bought the
home and I eventually moved into it, it was
a very quiet neighborhood. Even though the
interstate is probably a quarter of a mile
away, we rarely heard the interstate. I
mean, there was -- sometimes you would hear
a hom on the interstate or something like
that, but it was as if it wasn't there, even
though we're probably 90 seconds to the
interstate from our, you know, from the front
of our lawn.
It was, it was a place you would
come at the end of the day or from work or
wherever you were and you would come home
and it was quiet and peaceful, and, you
know, it was a pleasant place to be. You
could hang out in the front yard, sit in the
. hammock if you want, or, you know, play with
one of the nieces or nephews on the swing.
And now it's, you know, it's like having
Godzilla stomp on your neighborhood. The
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
son. You know, he went back to sleep, but

eventually we -- but, I mean, you can't
enjoy it anymore. And I don't know how many
times 12: 15 in the morning the street
sweeper. There's no reason to sweep the
parking lot ofWal-Mart, you know, at 12:15
in the morning. That could be done at 8:00
at night before people go to sleep.
You mentioned the construction worker
on Thanksgiving morning. The day before that
the city street sweeper was out at a few
minutes before 5 in the morning. And -bless you -- and disrupting us.
Q. Incidentally -A. And Wal-Mart refuses to cooperate.
You know, we've asked them run, I've asked
them run the street sweeper at 8:00 at
night, you know, when we're still awake.
Q. You agree that my client doesn't
have any control over that?
A. No, but had your client not done
what they did, the Wal-Mart wouldn't be
there.
Q. And that's really the complaint that
Page 151
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Page 153
\<a'.;.!:~..'\a.MU",l'>.1A
!M'o
".-
.:
":;l<ci,C<-~<l'~>!4
..
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
i
~
i
~
~~
~
I
Z
~
~
i
i
~
noise is terrible.
Our Easter egg hunt on Easter of
this year, a couple of times a car alarm
went off. Little kids are like Uncle Mark
or Daddy, or whoever they're talking, you
know, what is that or why is that going off.
You know, you can't enjoy the home
that you're paying a mortgage on and that,
you know, was purchased to have a nice,
quiet place for a family. We have a
10-month-old baby now that we've been blessed
with, we love him dearly, but to take him
out in the front yard, there's no, there's
no enjoyment anymore, there's no pleasure
anymore in enjoying the front yard of our
home.
And even the side yard, which is
over near the construction company, you know,
the noise level is so bad that you get out
of your car when you come home, open the
door, and the first thing you hear is
traffic noise from the Wal-Mart. Trucks
delivering at 4 or 5 in the morning. You
know, 5:00 this morning a truck woke up our
you have is the fact that there's a Wal-Mart

across the street from your house now?
A. No. The complaint that I have is
the excessive noise and the excessive
traffic. I was up in Barboursville the
other night and I've talked to the state of
West Virginia about there used to be on that
property before the Wal-Mart was built, there
was traffic access on the other side of the
property, and that access was taken away
during the construction at the direction of
the DOT, and they made the comment to me, I
think it was Mr. Kramer, well, you know, why
are you special, we put a lot of traffic in
front of homes in Barboursville and they're
not calling us and complaining. So I went
up there the other night and actually looked
at it in anticipation of this meeting, and
all of the traffic there ends before it gets
to those homes, and there's a berm on one
side of the street next to the first home
and there's a berm on the Wal-Mart side. We
don't have that. There's nothing protecting
us from that traffic noise.
;=~iY~I",,~.~.={I_h"" '~~';;;:;;;";':'':~\.(\';:'''''');'-:;;~'l ';;.l...:t~;~~;"-"~'>.~"""=.~).";<"':J:,,:.,': 'V-'''i'''''~<''~~~'~"","'l...~",~_~~ ~ ,...x.~ ~,,,,,,,,;~,"'" a.~ll'
->
._."
~
~
i,
~
i
j
i
~
~
~
~
I
ij
l
~
~
~
~
,
!.
~
I~
~
"""""'~j>;."A'<""""""'W'!'_~'~"'~M~~~!it
39 (Pages 150 to 153)

f011 b12a-1cae-4351-a011-04e1 c42b5e3c
Page 156
Page 154
1
JULY 23, 2008
i
i1
Q. Is there something that can be done,

2
but recently you posted on your web site
in your opinion, to reduce the noise problem
3
that you attended a meeting ofthe PCDA and
~
that you have?
4
when you broached the subject they all just
~
A. Absolutely.
5
got up and left.
~
6
Q. What is it?
6
A. Correct.
~
7
A. They could -- on the land strip
7
Q. Is that accurate?
~
8
between our home and the Wal-Mart they could
8
A. Yes. This is an agency that says
~
~
9
put up, they could extend the wall higher
9
they want to develop that hill and want
11
10
and they could put up trees to do that.
10
jobs, but when they have the opportunity to
~
11
They can go ahead and the road that runs
11
talk about it they get up and leave.
~
12
parallel to our road that goes up in front
12
Q. Do you know why they have that
~
13
of our home, overnight they could shut that
13
reaction to you?
~
14
portion of the road down. There's many
14
A. Because they don't want to purchase
~
15
places where you can't make a right-hand tum
15
our property. Because they say one thing to,
~
16
during certain hours or you have to go a
16
the public and when it comes to the
~
17
certain speed during school hours or
17
opportunity for them to create jobs and
~t
18
whatever. As you go up the road, you've
18
develop the hill and the things that Gary
~
19
been to the property, I'm assuming, you can
19
Walton has said in the press, along with
~
20
make, and they send the trucks to the left,
20
admitting to the Daily Mail that he lied to
,~
21
you could, they could restrict access to that
21
me about the option to buy when I asked him
~
22
road overnight. During the day there is the
22
when we discovered it several years ago.
23
Hurricane Marketplace at the end of the road,
23
They turn their back on us. We've invited
~
24
and I can understand why they want to have
2245
them to meet at our home with our neighbors.
25
that road open during the day. But they
At one point we had our neighbors come and
'I
I-------------k------~__~~____~________~------~=-~~~--------~--------~----~.~
2
3
45
1
I
Page 155
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
could shut down that road to traffic at

night and divert it to the other area of the
Wal-Mart property so it's not close to our
home. They could aim the lights better or
shield the lights better so that it's not
near our home. They could put trees on the
front of our property, you know, on our, you
know, on our lawn to, you know, to block
some of the light and some of the noise.
You know, I mean, I've even had women
screaming at I'm assuming their husbands or
boyfriends at 12:00 at night. You're sitting
in your house and you hear a woman screaming
at somebody from the Wal-Mart parking lot.
Nobody wants to live like that, except them
or her. I'm not sure he did.
Q. Recently you've tried to have the
PCDA buy your wife's house; right?
A. That's partly true. We've asked the
PCDA to buy our property before the Wal-Mart
was even put in.
Q. Okay.
A. So it's not just recently.
Q. Well, I don't want to be untruthful,
Page 157
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
nobody showed up. They have basically said,

you know, Hey, you're on your own and you're
not going to help us.
Not only is it the issue of them
not willing to purchase our neighborhood, and
not just our property but the neighbor's, but
the PCDA has a web site that has properties
listed for sale that they're trying to
promote the development of, and you would
think an agency that is publicly saying we
want to develop this hill and create jobs
here would have all of the neighbors'
properties posted. And we have asked them
to do that, and they have never put it on
their web site.
Q. And other than being the construction
company that built the Wal-Mart, Cleveland
Construction doesn't have any control over
the PCDA; correct?
A. To my knowledge, correct. I don't
think any members of Cleveland Construction
live in Putnam County and vote or have
anything to ...
Q. Aside from what we've talked about
40
i
~
},
&
,~
~
~
I
I
t
~
']
~
),
rt
~j
~
'I
~,!
~
~
lj
~
(Pages 154 to 157)

f011 b12a-1 cae-4351-a011-04e1 c42b5e3c
Page 160
Page 158
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
already here today; do you have other

complaints about Cleveland Construction that I
should know about?
A. They could have worked with us about
schedule, they could have put up a sound
wall across the construction, around the
construction site or at least around the part
of the construction site that adjoins
neighbor, you know, people's homes. I don't
think there was a need for one on the
Orchard Park side or the Courts Motor side.
They, you know, they could have come to us
and said, Look, we're going to build this
thing, what can we do to make it easier for
all of you.
At several point, or one point I
even provided them with Dolores and I's work
schedule and said, Hey, this is when we're
gone, you know, do whatever you got to do,
but when we're home please, you know, give
us a break, and they refused to do that.
That was also provided to Ben Newhouse at
the City of Hurricane.
Their attitude through the whole
"'.,
thing was, Hey, we're going to do what we're

going to do, and if you don't like it, you
lmow, tough.
Q. And do you think that your attitude
was fair to them?
A. Yes.
Q. Making multiple phone calls on the
same day, that's a fair attitude to take?
A. It is when the noise and the problem
continues. Ifthey had solved it the first
time, there wouldn't have had to be multiple
phone calls. There wouldn't have been
multiple complaints.
For some reason Cleveland Construction
felt like, well, you know, we're going to
earn a living and we don't care what it does
to you, and, you know, you've got to put up
with it. And I don't know of any other
industry that acts like the construction
industry.
Q. I asked you earlier if you sutIered
any physical injury as a result of this
construction, but to be clear, have you
sought any medical care of any kind as a
~"
..
:':'~'~W"<"-""_ .'\.;ij~w ""'~iO.i~"","""''''',J<l.'~:-:'-",''',:>,,,,,.,,
1
2
result of this Wal-Mart being constructed?
3
A. My blood pressure has gone up and I
4
have been prescribed blood pressure
5
medication, and I believe that it's connected
6
to that.
7
Q. In your opinion, your high blood
8
pressure is related to the construction of
9
the Wal-Mart?
10
A. Correct.
11
Q. And did your doctor tell you that?
12
A. He said I needed to cut down on the
13
stress, and he recommended that I move away
14
from there.
15
Q. Did he make any other recommendations
16
for you?
17
A. He prescribed the blood pressure
18
medication.
19
Q. Just solely because of the stress?
20
A. Correct.
21 , Q. The arrest that you talked to Ms.
22
Sanders about earlier, that was in '90 in
23
California?
24
A. 1989.
25
Q. Was the plea in'90?
....... , ~~~~ e~' \.;:r..."",,~ '.;'",.~'t1'" .. ,,,,,~..; ,.,;".)1>-.;.,;. f<;:'.)~--J",,;,:*v.,,<!\~;n/~:,*,4W.'-\~:i
I
~
~
~
I
~
~Ii
'r:
j
fu
fi
I
!
.::\
~
~
~
~
i
I
i
~
~
I
I
Page 161 ~
"
Page 159
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
JULY 23, 2008
t~
A. The plea was in '90.

Q. And that was -A. Well, the plea agreement was in '90,
the not guilty plea was 1989.
Q. And you pled to disturbing the peace
on advice of counsel?
A. Correct.
Q. And after that then you also sued
the company that made the complaint?
A. Correct.
Q. What did you sue them for?
A. For the false arrest.
Q. And then they went into bankruptcy?
A. And then they went into bankruptcy
after the lawsuit was filed. I might add
that Lee Baca, who is now the Los Angeles
County sheriff, came out and took me out to
lunch to apologize for even having me
arrested. That, he said that that should
never have happened.
Q. Did the City of Hurricane police
officer or chief of police apologize to you
in this case?
A. No.
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
~',,,-
.
I),
1
2
3
4
5
6
7
'-\'.,'
,,,,-:.''~\k'.r)Ji,.;:'''':lH<
.... ,'
\""~,~:,..:JlI,
.....!,.,,,,.',,, .... s.'<>
)A,",:.;:>~r.''''W'1'~M"n.,',,,;,,'u,t'iy~,,,,,..#'iW4''''~'';(;~W'''~-{''''''':).'''';;.-...H~ .~:
'1
!l
"
i~
:I
..,
f
~
~
~
~
~
~
ii
~
r~
;1
,l
I
II
,a
'j
~
~
!~
"
i
~
I
"
i
i
.,';';.
..,,
"v,",,~
41 (Pages 158 to 161)

f011 b12a-1 cae-4351-a011-04e1 c42b5e3c
JULY 23, 2008

Page 164 ::
Page 162
1
2
3
4
5
6
1
2
Q. Do you think it's fair to hold
and property.
~
3
Q. Have you been to the Hunicane
Cleveland Construction responsible for other
4
subcontractors that were on that job?
Wal-Mart?
~
5
A. If they're your subcontractors, yes.
A. Yes.
~
6
Q. You were there for the opening, were
~
Q. Okay. And so tell me, then, how
7
7
does that square with the statement you made
you not?
~
8
8
on your blog on May 19th of 2007? I won't
A. I was not.
9
9
Q. You were not?
~
read the whole thing, but it says, Shortly
10
10
after 9 a.m. the first of several cement
A. I was not. I hired Lawrence Smith
~
11
11
mixers from Arrow Concrete driving onto the
to cover the opening.
~
12
12
Wal-Mart site wakes me up. Do you remember
Q. When-"
.~
13
A. Actually, I hired him to take
~
13
that?
!~
14
14
pictures of the opening. I wrote the story.
~
A. I remember, I remember there were
15
15
numerous times that Arrow Concrete trucks
Q. When was the last time you were
li
16
16
woke me up.
there?
17
17
Q. And Anow Concrete is not a
A. Several days agth' ?
18
18
defendant in this lawsuit; correct?
Q. Why were you ere.
~
19
19
A. To try to purchase some baby
,\
A. Not yet.
20
Q. And then it says, I called the
20
formula.
~
~~
21
21
company and they blame Cleveland Construction;
Q. Did you?
22
22
A. No, they did not have it in stock.
4
however, you can't ethically blame Cleveland
23
23
Construction for the noisy ttucks operated by
Q. Have you ever purchased anything from
~h
24
24
Arrow Concrete. Do you remember making that
the Hurricane Wal-Mart?
[
1
25 ~~~~~
25
statement? ____________________________~~--~A~.-Y~es~.----------------------------_4~
1____
Page 165
Page 163
1
2
A. I recall making that statement.
3
Arrow Concrete should have quieter trucks.
Q. Okay. And do you, do you believe
4
5
that it's ethical to blame Cleveland
6
Construction for that?
7
A. If you're using a company that has
8
noisy trucks, then you should be, you should
9
be blamed for employing somebody that causes
l O a problem. When you have -- you know,
11
Cleveland Construction had numerous
12
opportunities to cut down on the noise level.
13
Having cement mixers arrive at 6 a.m., you
14
know, is not an appropriate time. Not that
15
there's ever an appropriate time to send a
16
bunch of noise into somebody else's house.
17
Q. In your opinion, if all of the
18
construction had been confined from 9 a.m. to
19
5 p.m., would you still have all these
20
complaints?
21
A. I would still have some of them.
22
You know, I work evenings so I'm in my home
23
during the day. I have the right to peace
24
and quiet in my home. I don't think there's
25
ever a good time to disrupt somebody's home
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
~
Q. How often do you shop there?
s
~
A. Maybe once a month. I try to avoid
~
w
it, but sometimes with it being right there
~
and having a need, you know, I do go in
j1
t
there. And I have a right to shop there
N
~
like any other consumer. The first time I
went was in the middle of the night when our

.n
?
baby was sick, and I had a choice of going
to Kroger which was 20 minutes away or going
~
to the Wal-Mart right there to get the
~~
medication, you know, get the medication for
~
him and get it into his body quicker so he
t
~
could feel better quicker. I chose the
lJ
~
Wal-Mart. My son was more important. I'm
,j
assuming you would make the same decision.
"~
~
THE DEPONENT: Is that rain?
1
MS. SOLOMON: Um-hmm.
~
THE DEPONENT: Great, my umbrella's
in my car. Honey, now that you know where
i!
the car -- I'm just kidding.
~
MR. KONSTANTY: Mr. Halburn, those
~:j
are all the questions I have for you at this
j
.~
time.
;j
YtII:tZ "" "
"""'. :\'~..:..;.<",n,);:.'~~~)(.:.w.la
~
,}
1
42 (Pages 162 to 165)

f011 b12a-1 cae-4351-a011-04e1 c42b5e3c
Page 168
Page 166
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
the record at 4: 15 p.m.

(Whereupon, break.)
and we're going back on the record at 4:25
p.rn.
EXAMINATION
BY-MR.MDLDOON:
Q. Good afternoon, Mr. Halburn. My
name is Jim Muldoon. We met briefly before
this all started a few hours ago. But I'm
here on behalf of the City of Hurricane and
Ben Newhouse, and I'll be asking you some
questions. And just as everyone else, if
you have any questions of me to clarifY
anything, just please do that. Okay?
A. Okay.
Q. I'm going to focus a little bit on
the actual complaint. It's probably going to
dovetail into some of the questions you've
already been asked, and I apologize if
they're a bit repetitive, but I want to try
to focus on a few different things.
In ~our com12laint with regards to
JULY 23, 2008
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
.~
everything is acceptable.
Q. What about-A. I have no problem with the noise
level on the construction site, but when it's
coming onto our property and disrupting our
home and making our lives miserable, their
right to build a building is, you know,
there's no doubt about that, their right to
do construction, there's no doubt about that.
Their right to do that stuff is on our
property line.
Q. SO in order to be acceptable, the
construction noise would have to be as such
not to come onto your property?
A. I would say so. They could put up
a sound wall, they could get quieter
equipment. We put a man on the moon in
1969 and they're saying that they can't
produce a quieter tractor in the year 2008.
I find that to be unbelievable. I don't
think they want to spend the money to buy
the better equipment.
Q. And that's just supposition on you,
you don't have any facts to support that do
~~
~r~
~
"i1
~I}
~:
~
'*
E
~
Ii
"
i
,~
~
"$
!i
~!
ti
~
i
y;
1
~
~
~
Page 169 ~
Page 167
ij
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
\~~l;j).:o.~
the City of Hurricane, you have an allegation

that they didn't enforce their ordinance for
nOIse.
A. Correct.
Q. In the complaint we talked, well, it
lists as a restriction against excessive
noise. We've talked a little bit about some
of the noises that you've experienced, but
can you explain in detail what excessive
noise is?
A. Noise that you can hear inside your
home with the windows shut that's generated
hundreds of feet away. Noise that robs you
of the ability to enjoy your front yard and
that wakes you up all hours of the night or
early morning or late at night. Noise
that's, you know, that's disruptive that
basically steamrolls people that, you know,
live near, you know, a construction site or
a business.
Q. With construction sites, is there any
level of acceptable noise?
A. I would imagine to the people that
are working on the construction site
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
h
d..
you?
A. Correct.
Q. In paragraph 10 of your, of count 2
of your complaint, you talk about, Although
repeated requests have been made to the City
of Hurricane. Can you describe those
repeated requests for me?
A. We appeared before the city council
in July of 2007, I had appeared before the
city council the previous December, I made
several phone calls to former Mayor Peak,
current Mayor Edwards, city manager Ben
Newhouse, and they all basically said, Look,
you know, we want the Wal-Mart, the
Wal-Mart's going to happen. I was told I
was stupid by the now chief of police Mike
Mullins that, you know, you're stupid to, you
know, expect them not to disrupt you, and,
you know, to complain about it, and, you
know, why don't you just shut up. And, you
know, they basically have acted like first
class asses through the whole thing.
And, you know, Mayor Edwards has
told us, he says, you know, the bottom line
:;.l<...~"A>r~11t:'.u.~4~~..;;d~~1 -.r.:"~"R\!)';."""""..1.u~;:;,,,~~.'<ti~V."~""-','>t,"".v.\'";'; <!~"..<l.,.l'. !i!t-0I.l<.;'~.A')""\1~..~'r~~v~,-ru""""~Mv.l-"r...1W.l-=>j!,. !i\'xo.::;><""';;~~~~ ':';"'''''::l>'H;d,~'.t,;r.~,,-,,'''''>i;ViJ~
43
in
?
:i
i
~
~
~
~
I
~
~
~
'I
~
~
~
%
~
~
l
,~
il
~
'I
Ii
I,
"
1
.~
t,t'r/f
(Pages 166 to 169)

f011 b12a-1 cae-4351-a011-04e1 c42b5e3c
JULY 23, 2008

Page 172 il
Page 170
1
2
3
4
5
6
7
8
9
1
2
3
4
5
6
7
8
9
is, he says, you know, if it's a choice

Q. At one point. And that would have
li
~
between you guys and the Wal-Mart, we'd
been to the Kanawha Construction that's
rather have the Wal-Mart because it generates
adjacent to your property?
~
a whole lot more money and eventually you'll

A. Adjacent to their property, yes.
l
get bought out.
Q. Did the police ever refuse to come
~
Well, we were told that we'd get
out to your home?
bought out before the deal closed, we were
A. Oh, many times.
t,],
told we'd get bought out before the
Q. When was that?
,
10
construction started, we were told we'd get
l O A . Through the construction, since the
~
11
bought out before the construction. The
11
construction.
~
12
store has been open since March 7th, and we
12
Q. What about p r e c o n s t r u c t i o n ? l
13
still haven't had a, you know, a buyout.
13
A. With the Kanawha, not Kanawha, the
.~
14
We're still there.
14
construction company next door. You know, as
15
I think they tell us what they think
15
I said, I actually wrote a letter that was
16
we want to hear while they do what they want
16
in the Hurricane Breeze prior to the 2003
~
17
to do and screw us and they get their, you
17
election saying why doesn't the city -- the
~
_8
know, they get what they want.
18
nuisance ordinance is written in the sense
,~
19
Q. Did Chief Mullins actually use the
19
that a police officer can cite someone. So
~
20
word "stupid" or -20
why doesn't the city, why doesn't the police,
1
21
A. Yes.
21
I don't have the letter in front of me, but
j
~
22
Q. -- did he say naive?
22
why don't they come out and do something.
~
23
A. He actually said both. On more than
23
Pardon me. Then councilman Dave Boyles said,
a
24
one occasion we had conversations about it.
24
Well, you know, they were there first and
~
1_2_5__C.:..:h.:.....i.:.....e'-'-f_M_uc..l_li;::;:n;:;..s..:;:.al:;::s..::..0.:.....r..::..efu=s..::..ed~to::..-;;;car:;::T..::..es::.,.:t...:ct=he.:..:=guY"--_ _-+_2_5__t=h=is::..:l=s..:l=ik:;.:e...:cs:..;:0=m::::ce:..;:bc..::o-"d",---,-ym.:.....o,,-v_i_nJ.l.-gn_e_x,-tt.:. . .O.L. .:. ac.. . .l _ _ _
i
;~
---ii
Page 171
1
2
3
4
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
that woke us up at 4:23 on Thanksgiving

mommg.
Q. That would have been during the
construction; correct?
A. That would have been during the
construction, yeah.
Q. Now-A. I don't understand why he had to
show up at 4:23 to pick up equipment to take
home to Pennsylvania on Thanksgiving morning.
There's so many other times he could have
done that.
Q. Before this construction started on
the Wal-Mart project, did you make complaints
of excessive noise regarding not Wal-Mart but
some other entities?
A. The construction company next door.
We've discussed that. And they were actually
at one point cited until the police chief
ripped it up or destroyed it or whatever he
did to that citation. Former police chief.
Q. SO when you actually made the
complaint someone did something?
A. At one point.
Page 173
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
i
~
kinds of bologna, you know.

And the bottom line is I don't
understand why the city would want property
that looks terrible that takes down property
values of everybody else around it. I don't
know why the city would want to have a city
where people can't hear themselves think in
their front yard while the dozers are going
off. Or, you know, it's supposed to be a
civilized society, not the wild wild west
with -- you know.
Q. Has there ever been an occasion
where you made a complaint about the noise,
the police come out, maybe it's not that
noisy, have you ever run into that situation?
A. No. What they've told me is, Hey,
it's construction noise, you have to live
with it.
Q. Did any of the policemen ever say,
Yeah, I agree with you that's excessive but
it's construction noise?
A. Yes.
Q. Who would that be?
A. Runyon. What's the, what's the guy
;j
I
1
~
!
n
{}
>
I
a
!
~,'
~
i
~
.~
}
't
~.
:\
i
~
i
:1,
I
~
;'::':~~+l<,,:~w.J5l>.';','I.~:7""'''"'P ;:.,,,.~.'-1').""'~w..,\.'<... ,.\.:,.w~>.).z.<""""~"""..z.::;",~"'''''~M~='~~~'I.f.M.<. ~~="_~~.<;'~~j.<dil.~,Lv,,; ~
44 (Pages 170 to 173)

f011 b12a-1 cae-4351-a011-04e1 c42b5e3c
Page 176
Page 174
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
_8
19
20
21
22
23
24
25
that they, that Edwards fired? Mullins and

Wingo's brother-in-law. He was a chief for
a while. I can't remember. Joe.
MS. SOLOMON: Just say you don't
remember.
A. I don't remember.
Q. I don't remember is just fine.
A. You know, the chief before the
current one.
Q. Okay. The former chief of police?
A. One of the former chiefs of police.
Q. That's for the City of Hurricane?
A. Correct.
MR. KONSTANTY: Joe Sisk?
THE DEPONENT: Thank you.
A. Actually, Joe is his, his middle
name. His name is Sonny Sisko
Q. In that same paragraph you said that
the city willfully and intentionally refused
to enforce the ordinance?
A. Correct.
Q. Why do you believe they willfully or
intentionally failed to enforce it?
A. Because they failed to enforce it
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
how did you make your complaints? Let's

just go that way.
A. Sometimes I went in person, sometimes
I called, many times I sent e-mails to Ben
Newhouse and Scott Edwards, and Joe Sisk and
then Mike Mullins.
Q. SO and the police chiefs?
A. Most of the time they were ignored
with the exception of Patty Hager who's a
current councilwoman who wrote back and said
I don't care about your First Amendment
rights to, you know, referring to my right
to complain to my government officials, I
think it's redress your government for
grievances, wrote back and put in writing, I
don't care about your First Amendment rights.
Which I think stated volumes about her
arrogance and her stupidity.
Q. When you went in person to complain,
who did you complain to?
A. Ben Newhouse.
Q. Do you know when the first time you
went is?
A. Joe Sisko
Page 177
Page 175
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
JULY 23, 2008
they did that willingly, they did it

intentionally, they repeatedly refused to take
action. The mayor in the, I think it was
July 2nd, 2007, council meeting, that should
be in the minutes, that, you know, we'll
enforce the noise ordinance. And two days
later she was crying calling me, you know,
on my cell phone as I was coming out of the
hospital for some testing, you know, it's a
quarter to 7, it's a holiday, I can't even
sleep.
You know, she was going through, you
know, a high-risk pregnancy and all of this
is going on. And, you know, what kind of,
you know, what kind of neanderthal would
blast a home with a woman that's going
through a high-risk pregnancy and continually
make all that kind of noise, and what kind
of neanderthal city would allow that to go
on?
Q. And you said you made a lot of
complaints about this?
A. Yes.
Q. When you made your complaints, well,
2
I don't recall.
3
Q. It would have been after the
4
construction started sometime?
5
A. Correct. There was no reason to
6
complain about the construction noise before
7
it started.
Q. What about Joe Sisk, when did you,
8
9
when did you first complain to him?
l O A . During the construction. After my
11
arrest I remember discussing how is it that
12
somebody can falsely accuse you of something.
13
The police never even contacted me to say
14
what was your side of the story, they just,
15
you know, went out and got a warrant issued
16
and had me arrested.
Q. You also said that you called some
17
18
folks. Who did you call?
19
A. Don Chaney who's on the council,
Lana Call who's on the council. I spoke in
20
21
person to C. Brian Ellis, I don't know what
22
the C stands for. Brian Ellis is on the
23
council. And, again, we went to the
24
meetings and, you know, complained.
25
Q. When you complained, did you complain
45
(Pages 174 to 177)

f011 b12a-1 cae-4351-a011-04e1 c42b5e3c
JULY 23, 2008
Page 180 ~
Page 178
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
_8
19
20
21
22
23
24
25
more than once in a day?

A. Sometimes.
Q. More than-A. And when we went to the meetings, I
remember Lana Call and Patty Hager saying,
Well, there's an exemption for businesses in
the noise ordinance. There's no such
exemption. You know, they would lie in a
meeting and say, Well, you know, there's an
exemption. And when I asked them to produce
it, they just sat there.
Q. SO city council members were lying
to you?
A. Right. Well, you're in the business
district so the noise ordinance doesn't apply
to that. No, there was no, no exemption for
businesses, no exemption for construction, no
exemption for anybody. But, you know, they
wanted the Wal-Mart, so to hell with us.
Q. When you made these calls, did you
use a cell phone or a land line?
A. Yes. Yes.
Q. Yes. Yes.
What was your cell phone number at
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
.,1.
~
A. A lot of the excessive noise.

Again, I don't have a problem with
construction. We have construction going on
down the hill from us that is probably the
same distance as part of the Wal-Mart store
if not much of the Wal-Mart store, and I
don't hear it. There was some rock drilling
for the bank or rock breaking for the bank,
and the KFC, you know, made some -- Arby's
is going in. I've never had a problem with
Arby's at all.
Q. SO you just had to make a few
complaints and then that resolved itself?
A. Well, no. They basically did what
they wanted until they were done. But, you
know, the bank noise, you know, since they
broke the rock is, you know, rarely, I
rarely heard anything, and when I have heard
it it's been when I've been driving down the
road with my window open or something. I
don't hear it inside the house at all.
Q. SO -A. KFC was a constant problem.
Q. SO you think it was more of a
~!,
~
M
~
,1
~\
~i
~
1,
~
i
':\
'iJ
1*
~
~
~
Page 181
Page 179
II
;~
1
2
3
4
5
6
7
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
".~
the time?
A. (304) 415-6397.
Q. And what was your land line at the
time?
A. It's always been, well, since we
moved to West Virginia or since she bought
the house, as far as I know, (304) 562-0524.
Q. Would you be surprised to learn that
there could be, you know, 10 to 15 calls
made in one day? Would that surprise you?
A. Yes.
Q. What do you think the maximum number
of calls you made that day was?
A. I don't recall. However, the noise
continued all day and as long as it
continues and there's a law in the books
that should be enforced, I don't have a
problem with a person saying, Hey, you know,
it's still not taken care of. Had the City
of Hurricane properly enforced its noise
ordinance, a lot of this would not have
happened.
Q. By a lot, you mean the construction
of the Wal-Mart?
'>\j.",;"".o~,t"'~~.<.\Mj'I.-'),
~?t4:~,.:;;
";,~-,;u,,.>~o>,j.J,.i, . :,,<,~:;., 1...",
'''''''-''It;,....,.4.'l<>.''_ 0 ....
..
n.""""~ .,."..;;;;,~t&,,,
. "";..~<U"',
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
~
~
duration issue? If they're making, building

a bigger KFC you probably would have made a
few more complaints?
A. I don't know. I mean, that's
speculation.
Q. Did you ever get a chance to speak
with the mayor about this noise level?
A. Both of them.
Q. What, what were the circumstances of
those contacts?
A. Well, I spoke to Mr. Peak on the
phone and in person, and his response is,
Well, it's noisy, Mark, there's nothing we
can do about it. Mayor Edwards originally
said, Well, I'll enforce the noise ordinance,
and then he, he would say nice things in the
meeting to look good in front of everybody
and then not do anything about it. And then
he later told me after the July 4th
situation when I called him on the telephone,
he says, Unless the circuit judge makes me
do it, I'm not going to do it, I don't care
what the law says. You'll have to get a
court ruling to make me enforce that law.
~1,.,t,.'~~:":N..>.<;t~l'.~'".~~U.1 "~.\>,.",,,~i"',('
1J.' r'i~:~~"'I;;l;- .",r",,,,,,,:,,
~...1','!>liOt:.I(i:.lJ.k!
).<11:
...:n..
-".:.,t....""""'Ml.:.~
','
.,
,~liI'
~a
I
A
~x
I
~
~
~
:i
11
l~
~
I
~
~
:~
i
~
I
~
I
'y
I
-,r.'
~"
46 (Pages 178 to 181)

f011 b12a-1 cae-4351-a011-04e1 c42b5e3c
Page 184
Page 182
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
~8
19
20
21
22
23
24
25
Q. What about the in-person contacts

with the mayors, where did they take place?
A. With Mayor Peak at city hall, and I
think once I saw him at the post office.
And Scott Edwards city hall. And then there
was a time when our roadway was blocked and
Dolores couldn't get to our home. When
Scott Edwards came and trespassed on our
property after I told him not to walk on our
property, he did it anyway, and I had
contact with him there. And that's on the
video.
Q. And what did you tell him?
A. Well, we were complaining at that
point mostly about the lack of access to,
you know, to our home. They, you know,
blocked the roadway after they sent us a
letter saying, you know, they meaning the
construction people and Putnam Sewer District
and Mike McNulty sent us a letter saying
that, you know, there shouldn't be a problem
and it's going to happen on the other side
of the road from your house. And, you know,
like I said earlier they will say what they
JULY 23, 2008
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
doesn't do anything, do any good to complain,

the city does what they want and they're
going to do what they want. Although he did
go to city council and complained about noise
and traffic and...
Q. What happened at the city council
meeting?
A. Oh, they sat there, they listened
and they did whatever they damn well pleased.
They don't -- Hurricane doesn't enforce any
law that HUTI"icane doesn't want to enforce,
whether it's the nuisance law on the property
next door. I get e-mails and phone calls
from people. I'll give you an example.
They cited our property a few, while I was
in South Carolina when Dolores was pregnant.
We had some weeds on a hill in back of our
home as lots of people do, and they gave her
I believe it was 48 hours to clean up those
weeds. And she had to buy a bigger weed
eater and hire her nephews to help clean it
up. I was out of state.
Scott Edwards' building, the mayor's
building had weeds on his property, because I
~
~
B
~
I
~
i"
~
i~
i
~
.~
~
~
i
~
~
1
!
~
~
~~
i
1
~
1---------'-----''----''---------''---'---'-'-'-..........:....p-a-g-e-1-8-3-+-----'---'"'--------'---'---''--'----p-a-g-e-1-8---Is ~
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
want to, you know, try to appease people and

then they just do whatever they want. And
once they're in the middle of it it's like,
Well, you know, what do you want us to do
about it, what can we do. It's like, Leave
us alone. I think those three words
probably sum up this whole problem, Leave us
alone. Had they left us alone, we wouldn't
have had, you know, we wouldn't be here
today.
Q. I don't, I don't want to take your
words out of context, but I think you may
have said that you spoke with a Mr. Clay -is he one of your neighbors -- about the
noise level?
A. He is one of my neighbors, yeah.
Q. Did you get to talk to him about
the noise levels?
A. I had talked to him about the noise
levels.
Q. What did you talk to him about?
A. About how bad they were. And he
says, Yeah, they're bad, but he says, you
know, they won't do anything about it, it
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
~l
was in town about a week later, took

pictures of them. There's still holes in
the siding, there's a bullet hole in the
window that months later is still there.
They won't enforce the nuisance law against
his unsightly property, which it clearly says
if anybody can see it and it's, you know,
unsightly or whatever from, you know, from a
public place, that it's a nuisance. They
won't -- and it's still like that. I've got
pictures taken six months later, and I think
if I were to walk you out there today the
bullet hole is still in the window, the
siding is still missing. He did cut the
weeds.
But, you know, hey, it's, you know,
the Wal-Mart neighbors, they'll screw us but,
you know, the city council Brian Ellis's
street where his home and business is, people
complained about the traffic on the street,
they put in speed bumps like that. We
complain about the noise, they don't do
squat. It's a double standard.
Q. You said that --
i
1ijt
j~
'\
~
l
i
y
~i
~e
.1
i
~~
:1
~
.~
~!
j
,
i~
~_=;.~.~~,.~~..~~~~_,_~U~~"~_m~rn~~~~m~~_~~~
___
~,~~~~>=
~..~,_~.~~~~~.~~.. ,~
~~~~~~~*~~.~~.~,~~i~~~~~~~~~~=~<~
~~m.mm~.~~.~~~m=~~~~~~~~~w~
47
(Pages 182 to 185)

f011 b12a-1 cae-4351-a01104e1 c42b5e3c

Page 186
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
.8
19
20
21
22
23
24
25
..
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Page 188 (j
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
A. And you can come out and see those

speed bumps, too.
Q. You said that your wife was cited
for failing to maintain the property, cutting
the weeds and that?
A. The weeds on the hill. We have a
hill in back of our home that is probably
150 feet, 200 feet from the roadway. It's
not a situation where it's not a, you know,
it's a semi rural area. Wal-Mart's hill, by
the way, I have pictures of all the weeds on
their hill and most of them are still there,
but we got, you know -- they come out and
cite a pregnant lady knowing that her
husband's out of state, giving her 48 hours
to fix it or a $500 fine. But the mayor's
property, it can look like shit.
Q. Did you get the -- so you had your
nephew come out and fix that problem?
A. Her nephews. And the mayor's
property still looks terrible. And here's
the punch line. After I went out and took
pictures of it, put that on my web site, he
had Mike Mullins who was then the captain
Realtor contacted me and said that her client

was told the grass was too tall, and they
had to go out and cut it. I went out
there and Mayor Edwards' home grass was
taller than the grass at the house that was
for sale. They don't enforce the laws that
they want.
Their FOIA law is -- they require
$35 an hour for FOIA research, which the
FOIA law in West Virginia doesn't allow for
charging for research, but nobody's going to
pay $35 an hour for -- and, of course, the
reason for them doing that I believe is that
they don't want anybody to see the paperwork.
They don't want anybody to know. The
election for the mayor, which is supervised
by their own recorder, which is a complete
conflict of interest because she was also
running for office, that case is in the
Supreme Court's hands, it's going to be heard
in November. And a lot of people feel that
was rigged. The unsealed ballots are what
got the mayor in. On the last ballot box,
he was losing all night long until the
~'
......
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
' '~~~
In
~
Ii
~
'I
~
'f
ti
a
l
n
~
a
~
~
~
"~
~
"
~
~
Page 189
Page 187
call me up and say, Hey, he doesn't want you

on your property. I told Mullins, Has he
ever heard of zoom lenses?
Councilman Hager had weeds on her
property. Councilman Ellis had weeds in back
of his propeliy. But, you know, they've got
to go after a pregnant lady.
Does that make your clients feel
more like tough men to harass a pregnant
lady like that?
MS. SOLOMON: Don't ask him any
questions.
THE DEPONENT: He's laughing, for
the record.
Q. I believe you may have testified
earlier that you believe that the City of
Hurricane is corrupt?
A. Um-hmm.
Q. How so?
A. They allow the mayor and their
council people to do what they want. They
go after people that are critical of them.
They harass citizens of -- I get complaints
about people that say that, you know, a
~<':;':'~I.... f~<\'","1:<W~.~~~' '*~-t..~'<~'YA'l>il"'W.<>=,,,"~I'4::'",.iifli
JULY 23, 2008
..
"i'1;;;:'" "
unsealed ballots were counted. And you can

laugh, but a lot of people don't think
that's funny.
Q. I don't think I'm laughing.
Is it a fair statement that you
believe that there's random law enforcement
in the City of Hurricane?
A. I would say that there's random law
enforcement, I would say there is malicious
law enforcement.
Q. Is any of this based on first-hand
knowledge?
A. Yeah. I mean, me. They prosecuted
me on a he said situation where I was
investigating a blaster that wasn't licensed.
We had recently, at the KFC construction,
they knocked out the power at the KFC
construction. I went down and took pictures
of it, and the guy that knocked out the
power grabbed me because I was taking his
picture. There was another witness who's one
of the neighbors up the hill. Lieutenant,
Lieutenant Lusher, who is the same man that
took the warrant to get me arrested, happened
:.,"')" .... ~l~..f
,,...,\<'c..,.
I
~
i,
~
~
.~
;1
,~
a
\1
il
J'I
~
~
l,
~
,!
[I
"
I
~
if
!
Ij
".
.,
48 (Pages 186 to 189)

f011 b12a-1 cae-4351-a011-04e1 c42b5e3c
VIDEOTAPED DEPOSITION OF MARK VANCE HALBURN
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
1.8
19
20
21
22
23
24
25
to drive by. I stopped him, told him about

it, the witness says, I saw it happen, and
he just drove away. Now -- but he
prosecuted me. You know, I had an
eyewitness that said this guy attacked him,
but Lusher drove away, didn't do anything.
Q. Are you aware of any other let's say
random law enforcement with not you as being
one of the complainants for the victims?
A. Well, yeah. You have a city
councilwoman who had the weeds in her front
yard. She also, by the way, I believe it
was the 29th of May through the 5th of
April, had a mountain size or a small
hillside size stack of boxes out on the
street or next to the street outside of her
business/home, Patty Hager. I contacted city
hall. Sam Cole who ran against Scott
Edwards told me that he contacted city hall
about the mess, and nothing was done about
it for, you know, pretty close to a week
when they -- I don't know if they were
picked up or stolen or what happened, but
they were finally gone.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
You know, we've talked about the

situations with Edwards' business. We've got
the construction yard next door that's looked
terrible. I mean, there's weeds behind that
today. There's weeds in that construction
yard today that, you know, right next to our
property. We get cited, the property right
next door has weeds, they didn't get cited
and they're still there. You know, it's
like Dukes of Hazard, and what was his name,
Rosco Coal train or whatever. I mean it's ...
MR. KONST ANTY: It's Rosco Pecotrain,
for the record.
A. Yeah, somebody once, somebody just
said, Welcome to West Virginia. I don't
think it's like that in most towns.
Q. Were you ever prohibited from
attending a city council meeting?
A. No.
Q. Were you ever removed from a city
council meeting?
A. No.
Q. In count 2 paragraph 11 of your
complaint, it goes into an issue of some
2008
blocked phone calls. I want to focus a

little bit on that for a few questions.
A. Sure.
Q. In your own words, what that's issue
about?
A. They have blocked the phone lines to
the police department, the phone lines to
city hall were blocked from both my home
phone number and my cell phone number.
Recently I noticed that the line to city
hall now works for my number. They were
blocked from -- I don't know about -- I
believe Dolores's cell phone number.
At one point when I was in Myrtle
Beach, Conway, Myrtle Beach, working last
summer, our water was out. Dolores could
not call city hall to report the water
outage. She called me and I happened to
have the cell phone number of Ronny Woodall,
I think is his name, the water
superintendent. I had to call him from
South Carolina on my cell phone to tell them
that the water was out at my house in
Hurricane because my wife could not call.
Page 193
Page 191
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
JULY 23
Page 192
Page 190
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
The only line that has been

accessible consistently is they're -- there's
a police department ticket line that you call
and you get an automated voice saying the
price of this ticket is this and then you
push zero. I can get that on my cell phone
only. So if I had to call the police
department over the last year or so, I use
that number, press zero, and hope that the
secretary picks up. All of the other lines
have been blocked.
If there's an emergency and we need
to call the police department, we can't call
the police. We can call 911, but we can't
call, we cannot call the police department.
This has been brought to their
attention. Chief Mullins has promised to get
it fixed. It hasn't been fixed. He told
me that this was done at the direction of
Ben Newhouse because Newhouse thought that I
complained about the noise too much. Rather
then enforce the noise ordinance, rather than
do anything, Newhouse made the decision to go
ahead and block the phone lines, which
49 (Pages 190 to 193)

f011 b12a-1cae-4351-a011-04e1 c42b5e3c
Page 196
Page 194
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
'_8
19
20
21
22
23
24
25
violates our First Amendment right to redress

our government for grievances.
Q. Did he state that you were
harassing?
A. Pardon me?
Q. Did Mr. Newhouse ever state that you
were harassing him?
A. He sent out a letter saying that our
calls of complaint to the city council could
be, I don't have the letter right in front
of me, but, you know, could be or are
harassment. We were simply redressing our
government for grievances and saying, Hey,
there's a problem here.
You know, build your Wal-Mart, God
bless you. I have, you know, I have no
problem with businesses coming into Putnam
County. I have given Ben Newhouse, Gary
Walton with the PCDA, they had a group
called Operation Ignite, a list of businesses
that I know of in other states, California,
Kentucky, the Carolinas, and said, Hey, I
think these would be very successful here.
But when you operate a business, you have a
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Page 195
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
responsibility to not disrupt your neighbors.

I'm sure, and I'm assuming, but I'm sure
that if I walked in your law firm with my
notebook computer and said, Hey, I've got
this web site, it's progress, I've got to
work, I'm earning a living, this is a great
thing, stop everything you're doing and look
at what I wrote today, you would have the
police there and throw me out in five
minutes or less. But yet the construction
industry can terrorize people's neighborhoods
for hours and days and months, and you know,
even more than a year and we're supposed to
sit back and say, Oh, that was great, can I
have some more.
Q. How are you damaged by tlus, blocked
phone calls?'
A. Again, as I said earlier, the
inability to redress my government for
grievances. The ability, inability as a web
site publisher to contact the police
department and say, Hey, you know, so and so
was arrested, they're on the web site, the
jail says it was done by the City of
JULY 23, 2008
Hurricane, you know, give me some background

on the arrest, what happened, where were they
arrested, because the jail will say, the jail
will have the name of the person, the
charges, the bail, you know, and he was
arrested for Du!. But they won't have who
pulled them over and why did they pull the
-- you know, and stuff that background
information that you get by contacting the
police department.
Q. Could you physically contact the
police department, meaning drive down and
talk with someone?
A. I could. That takes, that takes
time, that takes gas, which continues to
increase, which is not the fault of the City
of Hurricane. But no one else, nobody else
has to do that.
I might add that I've complained to
the sheriffs department about noise, I've
complained to the county. Nobody else
blocked their phone lines except for the City
of Hurricane. They're taking the attitude
we'll just tum our back on the situation,
Page 197
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
and, you know.

And Ben Newhouse advised me on two
different occasions to move. Ben Newhouse,
the city manager, who advised a long-time
Hurricane, I think after eight years you can
call me a long-time resident, and, you know,
before that I was dating her and visiting,
and you know, and she's lived there for 15
years, 16 years. Here's a guy that doesn't
even live in the city telling us we have to
move. I can solve that problem in two ways.
Ben Newhouse buy, comes to buy our house,
we'll move, and he'll live in the city. End
of problem.
Q. When did you have those conversations
with Ben?
A. Once about a year ago. And they
had a send-off for Mayor Peak, who retired,
and the night of ills send-off I approached
Ben to complain about the noise and he
looked at me and says, Move. I mean, that's
completely arrogant.
Ben, by the way, lives on a nice
quiet neighborhood. He didn't put the
50 (Pages 194 to 197)

f011 b12a-1 cae-4351-a011-04e1 c42b5e3c
JULY 23, 2008

Page 200
Page 198
.~
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Wal-Mart across the street from his house,

although I wouldn't object ifhe put another
one in there.
Q. Now, you did state that you still
have your 911 service?
A. I still have my 911 service.
Q. And that's never been disconnected or
stopped or blocked?
A. Correct, to my knowledge.
Q. Have you ever had to caIl 911 ?
A. Can't remember when it was that I
had the breathing problem where I had to go
to the hospital, and then she had a
situation where after she had the baby, it
was a C section, there was a wound, the
wound reopened and was bleeding, and I had
to caIl 911.
Q. There were no problems with those
phone calls?
A. There were no problems with those
phone calls.
And this really is a case of common
decency, and the City of Hurricane couldn't
spell "common decency" if I spotted them the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Page 199
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
vowels, the consonants and brought in Vanna

White to tum the letters.
Q. In the paragraph 11 you also say
that it otherwise interfered with your state
constitutional privilege to petition the
government for redress. That's just not
being able to call the, that police
department or the city hall?
A. And I wish that that could say
instead of privilege, right. Because that's
in the Bill of Rights in the First
Amendment, which apparently the people that
run the City of Hurricane either have never
read, don't understand or have forgotten
about.
Q. Your next count has to do with the
vegetation and the citation. We talked a
little bit about that.
A. Right.
Q. Anything else t() add on that issue?
A. Again, common decency. They, they
could have given her several weeks so that I
could come back in town and work on it. Or
quite frankly they could have ignored the
in(",i;.A~'r-"t)'~i(
;(,~~,,<,~1'i;s.
.":;\;,j.:r",>.",...~.4\\1
~.....;,w~);,.~"~~~",,ii;'I,l;;~""~"'''","I'tM~~~~'iM.U.~';<:N.;.,,"......... ,:,<~ ......I':N:,l .. ,
~
~<
problem with us like they did on the mayor's

business or the neighbors on both sides of
us and half the rest of the city. We don't
-- we didn't have a problem, you know, and
we've since hired a kid that ironically lives
in Hurricane, and I'm giggling because his
last name is Kidd, but a teenager, you know,
who, you know, has come out and groomed that
hill again.
We don't have a problem, you know,
complying with the law, you know, but going
to a woman in August when she's, you know,
extremely pregnant in a high-risk pregnancy,
someone who's, you know, not even working
because she's not allowed to work because of
her medical condition, and giving her 48
hours to chop weeds down that aren't hurting
anybody when right across the road in front
of our house the weeds along the Wal-Mart
property, they were tall. I've got video
and pictures of all ofthis. What they did
was despicable. What they, what they did
was despicable.
Q. Did your wife suffer any physical
Page 201
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(~
ji
.~
<
"
~
i
~
~
~
I'
*~
i
'1
,~
~
I
I;
,(!,
M
;~
injuries because of that?

A. She can answer that question. I was
in another state. You know, probably some
cuts and lacerations.
Q. I believe you testified that her
nephew fixed it?
A. Nephews.
Q. Nephews.
A. I think she hired at least two
nephews.
THE DEPONENT: Dolores?
Q. We can ask-MS. SOLOMON: Just tell him you
don't know.
Q. We can ask her about that.
A. I don't recall. I think she hired
two of them.
And the thing about it is our
neighbor John Clay went to a city council
meeting and said that he rides, there's a
hill in back of our home and he rides his
riding mower up there when he didn't flip it
over th~ wall recently while ?e was minding
my busmess when I was talking to a realtor
i~
I.~
,!
~
~
"
~
~
~
II
iS
,~
:l
.~
~J
~~
~
i
~
~
~
I~!
,l\,,,,,;,,,,,.~,,"'l"'I,<""0.":Q"',"~,~f':.~'n~~>!,,~;:,hJ.":I"'. 'o"'i'J'~hl""A;I'IX!<.-,I)A'.~. ~v.,",""""__ ~w.rW;;~"""""-I\\~~'''';~!'.w.w.~,,,,,....),>,::I,:....}.rrr~
51 (Pages 198 to 201)

f011 b12a-1cae-4351-a011-04e1 c42b5e3c
Page 204
Page 202
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
~8
19
20
21
22
23
24
25
broker, but, and said he couldn't hear, and

even Scott Edwards in the council meeting
made the comment, Oh, is that Mark Halburn's
property. You know, I don't know if John
Clay was asked by Edwards to bring it up in
the meeting. It seemed awfully, you know,
suspicious to me.
Q. The next paragraph talks a little
bit about selective enforcement of laws. I
think we've covered that quite a bit.
A. Yeah. You know, they use the laws
to pick on the people that they don't like,
and their friends and buddies and cronies
they let get away with what they want. And
then, like I said, the speed bumps on, you
know, Councilman Ellis's street, somebody went
down and complained and, bam, they approved
it right away. We go down, yeah, we'll
enforce the noise ordinance, but they don't.
Q. The next paragraph talks about on
August 15th of 2007 you received a letter
from Ben Newhouse which threatened you and
your wife with pros.ecution if you continued
to make complaints about the enforcement.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
prosecution by Cleveland Construction when I

discovered their blaster was blasting without
a license.
Q. But you'll agree the city had
nothing to do with that?
A. No, I think the city, I think the
city had everything to do with that. I
think that they took that as an opportunity
to try to shut up one of their critics and
order the police department to go over there
and have me arrested. They never contacted
me. If they did, they would have found out
what I was calling about. The man was cited
for not having a license. He whined and
said, Well, my boss didn't renew it. That's
like somebody that drives a truck saying,
Well, it was my boss's responsibility to
renew my driver's license and not my fault
because my license expired.
Q. SO the, so the city just randomly
sent police over or intentionally sent police
over?
A. They never sent them to me. I
never heard about it until I was arrested.
Page 203
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
What was the substance of that letter? You

don't have to say it word for word, but what
was the substance?
A. Yeah. It was harassment by Ben
Newhouse of people that were complaining
about excessive construction noise. It was a
violation of our First Amendment rights to
redress our government for grievances by a
city manager who doesn't even live in the
city and has ordered us to move. It was
plain and simple, despicable behavior by an
out of control arrogant city manager.
Q. Did he-A. Those are the words I can use with
the ladies in the room.
Q. Did he allege that you were
harassing?
A. Yes.
Q. Are you aware of anyone else
receiving letters?
A. No.
Q. Were you ever prosecuted for
threatening or not, for complaining?
A. Just the prosecution, the malicious
JULY 23, 2008
Page 205
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
They never got my side of the story. And

in any issue there's at least two sides of
the story.
Q. SO -A. They talked to, they talked to the,
you know, to the liar at Cleveland
Construction and took his word for it, had
me arrested, and when it went to court I was
acquitted, as I should have been. It should
never have been, it should never have been
charged.
Q. SO how did the city act improperly
on that case?
A. By refusing to get the rest of the
story, by going for a warrant for my arrest,
by arresting me, by doing it at 1 or 1:30
in the morning and scaring Dolores and her
mother that was with us and by having me
jailed, violating my civil rights. My mug
shot was on the internet, it was on other
blogs, it was in the newspaper, the story
was on the radio. It was a blatant
intimidation tactic on the part of the City
of Hurricane and Cleveland Construction to
52
(Pages 202 to 205)

f011 b12a-1 cae-4351-a011-04e1 c42b5e3c
Page 208 ;1/
Page 206
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
.8
19
20
21
22
23
24
25
try to shut up somebody that was reporting

that their blaster wasn't licensed and
illegal activity was going on. The only
thing more despicable about that is the
people that represent the City of Hurricane
and Cleveland Construction that, you know,
are trying to say that they did the right
thing.
Q. SO you just believe it's total
retaliation?
A. Absolutely.
Q. The Ben Newhouse letter, did you
ever talk with anyone else about that letter,
besides your council? And I don't want to
get into attorney-client privilege.
A. Not that I recall.
MR. KONSTANTY: I don't mean to
interrupt, but do you still have a copy of
that letter? I haven't seen it.
THE DEPONENT: Our attorney has a
copy, Mr. Clifford has that letter.
MR. KONSTANTY: Is there some reason
why it hasn't been disclosed in this case
yet?
JULY 23, 2008
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
i*
':}
A. If I was making noise that disrupted

my neighbors, my neighbors wouldn't have to
complain 10, 15 times.
You know, we used to, a couple of
times we held a luau in our yard, and I
went to Mr. Clay and the people there and
said, Hey, we're going to hold it on this
date, is that a problem, if it gets too
noisy, let us know. That's what considerate
neighbors do.
But until the problem is resolved,
yeah, absolutely. I don't have, you know, a
problem with somebody complaining multiple
times. And several times when I talked to
Ben his response is they're still blasting?
He wasn't aware that the problem was
continuing, and I believe that, you know, his
response wasn't being facetious, I believe it
was legitimate, especially when the blasting
was supposed to end in I think it was June
or July and Kanawha Stone signed another
contract and more blasting continued. And I
remember going to him in city hall and he
said I didn't know that they were still
~
Ii
~1
.,~
~
~
W
~
:.\
!
~
)i,
~~
~
~
!
~
If;
j~
~
4
t~
f;
i
.~
"~~
.~
'--~~~~--------------------------------~~--~~~==~~~~~~~~~~----------'i
Page 209!
Page 207
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
THE DEPONENT: I thought it was

disclosed in the, in the complaint. There
was disclosure of the letter there. I mean,
the complaint discloses the letter. As far
as a physical copy, that you would have to
ask Mike Clifford.
MR. KONSTANTY: Okay.
MR. MULDOON: We can do that.
THE DEPONENT: I do know that he
told us to get him the original ASAP, and I
believe that she brought it to him within a
day or so.
Personally when I read it I couldn't
believe that anybody could be so stupid as
to write something like that, but then I
considered Ben Newhouse and that adds up.
BY-MR. MULDOON:
Q. How often do you feel that a person
should be able to complain about something?
A. Until the issue is resolved.
Q. In one day?
A. Until the issue is resolved.
Q. SO you wouldn't have a problem with
someone complaining 10, 15 times in a day?
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
blasting, I'll look into it. And I think he

was genuinely shocked that it was still going
on, but also negligent in not being up there
to find out what's going on in his city.
He should have done that, he should have
known.
Q. I want to tum gears just for a
second and talk a little bit about some
damages that you're claiming as a result of
the actions of the defendants.
In your complaint you allege that
there's some permanent injuries. What would
the permanent injuries be?
A. I'll let you ask my counsel who
wrote that.
Q. SO you're just not aware of -A. I believe he's referring to the
devaluation of the home.
Q. No physical permanent injuries?
A. We have not been physically
permanently injured.
Q. What about psychological permanent
injuries?
A. There's still pictures of my mug
,~
fi
,~
~
:
~
l
~
i\!
i!
~
~
~
1
$
,
l
~.:
~
~
'--,;:
.m:~'l'.;o;:::
..... ,~~"r;.'W'I'''''''~'''~h~W:;;'_=.':;:;;'1~'''~-''~;=~~~.~::;"l_;::;;,~_=,~~~;::;_~,rn:.rn;:
.. :t:'lw<\~~'=r.J:!
.. =Il:!!..:=.r,i,l.:....!l&,,".::;::,_~~.rn::',;;.,r""'~'".:.:;0::"W".'.:u;!::,,,,,",,,,:nl"k,,"~."":l'::i.:;~~.
... :~~.1'<"'~~'-"":m:,lQ.<.'i~-j;~~""",.z.~~;\.. .~;:;~.a::;::~~.;~.~~._~~"~::::;;,,...,~:;!l:."~"",~
. ;C!"1t\":~..._..i;;::.~~",,~.
_
=~.~~~l!!:'l~_="_::;:''d~
. ~,~-':;:''''>.o;.:~.~:;:;~~:;O;:.. :!:I!,.=!,:,t.l",.;,,~!:
53 (Pages 206 to 209)

f011 b12a-1 cae-4351-a011-04e1 c42b5e3c
Page 212
Page 210
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
.8
19
20
21
22
23
24
25
shot out there on the internet. You know, I

mean -MS. SOLOMON: Stress.
A. Yeah. I found out, for example, I
used to work at Rock 105, and that group is,
we mentioned earlier, as a public affairs
there, somebody I know got hired to work
there, and I don't want to mention who
because I don't want it to get back to them,
and he happened to call me about something
completely unrelated, said, By the way, do
you know that your mug shot is up in one of
the control rooms. You know.
Q. SO it's more of an annoyance and
embanassment type of thing?
A. Yeah, and humiliation.
MS. SOLOMON: Trust. I don't know
if you have it.
THE DEPONENT: Well, yeah.
A. You know, I don't trust the City of
Hurricane, I don't trust the government. I
don't trust the government in West Virginia
period.
Q. Whyis that?
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
A. Because look at all this crap that

we've been put thr~ugh. A reasonable
government would say, Okay, fine, let's have
a noise ordinance that protects these people.
And, you know, the other attorney, I don't
remember, I think Ms. Sanders made the
comment, you know, you went to the state.
Yeah, the reason I asked for a state noise
ordinance is because it takes it out of the
hands of the local government that could sell
their souls for a Wal-Mart and tum their
backs on their people, whereas if there's a
state ordinance you can call in the WVDEP
just like we did when there was smoke, and
they came down within a day, cited them, the
smoke, the burning got stopped, actually got
moved to the other side of the property,
because the burning was done right next to
the edge of the property closest to our
homes. They had to move it over to the
other side and they said there will be no
more burning, and a couple of days later I
come home and you could see the flames, and
they shut it down.
There should be a state response.

Now, the state people, and I understand their
point of view, says, Well, the problem is if
we make a law, you know, restricting
construction noise in West Virginia, nobody
will build in West Virginia, that will hurt
us. So that's when I went to the Feds and
said, Okay, let's eliminate that, just make
it a federal standard that people, you know,
the construction noise has to be, you know,
curtailed to the construction site in every
state so that people aren't going to build
in Kentucky and build in Pennsylvania, build
in Maryland, build in Ohio, and not West
Virginia because we have a law that protects
our citizen's rights properly and the other
states don't. So, you know, we lose jobs,
we lose business. I don't want to see
anybody hUli, but at the same time there's
common decency and there's common sense.
You know, some governments can be
trusted more than others. I grew up in the
hometown of Richard Nixon. I learned, you
know as a very small child that politicians
Page 213
Page 211
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
JULY 23, 2008
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
will lie, they'll cheat, they'll steal,

they'll cover up crimes to do whatever they
want to do, and I think that's what goes, a
lot of what we see around West Virginia.
Look at Nitro. Need I say more?
Q. Cunently, I don't know if we -- I
don't know if you're still taking -- you are
taking blood pressure medication?
A. Yes.
Q. Any other meds right now?
A. I have some diabetes medication that
I'm actually out of it, I need to get
refilled, but...
Q. The diabetes you're not alleging as
part of this lawsuit at all, are you?
A. No.
Q. Just the high blood pressure, which
we've talked about already?
A. Right. I don't know if they're
related. I -- you know ...
Q. Have we talked about all of your
complaints in this lawsuit with regard to the
City of Hurricane?
A. For the most part, yes.
54 (Pages 210 to 213)

f011 b12a-1 cae-4351-a011-04e1 c42b5e3c

Page 214
1
2
3
45
6
7
8
9
10
11
12
13
14
15
16
17
,8
19
20
21
2223
24
25
Q. How about Mr. Newhouse also, we've

talked about all those complaints?
A. They should fire him. You know,
it's just incredible that a city manager who
doesn't live in the city, even ifhe did
live in the city, to tell people that have
been here for that long, Well, if you don't
like it, move, you know.
I mean, this is a home that my wife
and mother-in-law invested in. You know,
we've spent thousands of dollars renovating
the home through the years to make it nice.
It's my understanding from what the police
have told me, including Joe Sisk, including
Dave Boyles, former city council person, that
when she bought the home it was the ugliest
home on the street and now it's the best
looking. I wasn't here then to see how ugly
it looked. But, you know, even Boyles who
disagrees with me about enforcement says,
Yeah, your wife, you know, the first thing
she did was fix up the outside of that home
and made it look good for the neighborhood.
Then we started working on the inside. You
JULY 23, 2008

Page 216
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
2'2
23
24
25
people the way we've been treated.

And the amazing thing about it is
they've destroyed property value in the city
that destroys tax revenue that hurts them.
They could build the Wal-Mart in a proper
way. If you go down to the Wal-Mart in
Barboursville and you take a look at the
mounds and the berms next to the Wal-Mart
and across the street next to the homes,
that was done in a way that protected
everybody. The Wal-Mart has its business,
the traffic doesn't go in front of the
homes, there's something to stop the noise.
None of that was done in Hurricane. I mean,
I think it was planned by, you know,
somebody with a three-year-old's amount of
intelligence, and I don't really want to
insult the three-year-old. Would you want to
live across the street from that?
THE DEPONENT: He didn't say yes.
MS. SOLOMON: All right.
MR. MULDOON: I don't think I have
any more questions right now. Does anyone
else have any follow-ups?
I
t,','
~.',i'
l
t
~
f
~
~
i
~
~
~
~
%
~,
~
l\
~
~
~
rl',l{.
"
1~
~
1------------------~--~----~~~-p-a-g-e--2-1-5-+----~~~--~~~--~-------------p-ag-e--2-1-7~!
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
know, and we've still got more work to do.

It's frustrating. The other day I
saw a gazebo, I'd like to buy a gazebo and
put it in our yard, but what's the point if
we're going to have to move, you know, we've
got it for sale to move out of there.
We've got carpeting in a room that we would
like to replace and some other things. All
that stuff is on hold because, you know, we
don't want to live there anymore. Our
lifestyle has been destroyed by a corrupt
city that has turned its back on its
long-time citizens.
She's done nothing to them. I mean,
if they want to go after me because I point
out their stupidity and their corruption and
the things that they, you know, that they do
and don't do and their selective enforcement
and their harassment, if they want to go
after me, that's one thing. Pick out a
pregnant woman, have our baby woken up at 5
in the morning or at midnight or whatever,
that's despicable. Only a neanderthal would
do that. Only neanderthals would treat
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
,~
'~
!"
MR. WHITE: Yeah, a few.

VIDEOGRAPHER: We're going off the
record at 5: 14 p.m.
(Whereupon, break.)
and we're back on the record at 5:22 p.m.
EXAMINATION
BY-MR. WHITE:
Q. Mr. Halbum, my name is Patrick
White, and I'm here on behalf of Kanawha
Stone. I'm going to ask you a few follow-up
questions.
And if we could, just briefly, where
were you working in November of 2006? Were
you at Cingular?
A. Yes.
Q. And how long were you at Cingular?
A. I started I think it was May 9th,
2005, and left the end of January, the last
part of January 2007.
Q. Okay.
A. And then I also substitute taught in
the Kanawha County Schools on occasion. I
55
:y
~~
iJ
b'
Ii
"~
~
(Pages 214 to 217)

f011 b12a-1 cae-4351-a011-04e1 c42b5e3c
Page 220
Page 218
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
.8
19
20
21
22
23
24
25
didn't teach that often by choice. They

called me all the time. But my primary
employer was Cingular Wireless.
Q. And then in February '07 where did
you go?
A. PRC in Huntington. And the reason
for doing that, I was just tired of the
commute.
Q. I'm just trying to get a time line
-A. Sure.
Q. -- set for answering questions.
And you were at PRC how long?
A. Until I think it was June.
Q. And that's when you went to South
Carolina?
A. 2007. I gave notice, and they, like
a lot of employees when they give notice,
they buy you out, and they bought me out.
And then I went down to -- I think it was
July 7th I started at WPDE in Conway, Myrtle
Beach.
Q. Okay. When you worked at Cingular
in Grayson I believe you testified that your
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Page 219
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
shifts were somewhere between 2 and 11 or 3

and 11?
A. Correct.
Q. Somewhere in that neighborhood?
A. Usually, not always. And then on
Saturdays they were, I believe it was 11 to
7 or 10 to 6 or in that. They were more
midday Saturday, because we weren't open past
7:00.
Q. How long did it take you to get, to
drive from your house to Grayson?
A. 45 minutes to an hour, depending on
traffic and how fast I went.
Q. Okay. So if you had to be at work
at 2:00, you would probably leave 12:30, 12?
A. Or, well, at 2:00, I'd probably
leave about 1.
Q. I?
A. And 1:15. But, again, I didn't work
every weekday. I usually had a weekday off,
either a Tuesday or a Thursday, and I think
it was usually Thursday that I was off
during, off, because I worked, I worked on
Saturday, so I got a weekday off, and I was
JULY 23, 2008
off -- pardon me. Sorry about that, Mr.

Headset. I was off on Sundays.
Q. During that period of time, how many
blasts did you experience?
A. A lot. I don't have an exact
count. I've made notes of them, you know,
in the blog.
Q. You were present for all the blasts
on your blog?
A. I was present for all the blasts
that I -- no. I was present for some of
the blasts, and some of them she told me
when they were and I noted them on the blog.
There were a couple of times that she would
call and say, you know, the house just
rocked.
Q. SO you really can't use the blast as
a guide as to whether or not you experienced
the blast?
A. I can use most of them as a guide.
Q. But you weren't there?
A. I wasn't there for all of them.
Q. Did you indicate in your blog which
ones you were there for?
Page 221
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
A. I don't -- I think I indicated some

of them, I don't recall if I indicated all
of them, but someone was there. And
blasting someone's house is rude no matter
who's there.
Q. But the blog does not indicate
whether you were there or not?
A. Sometimes. I don't recall if it
indicates every time. I would have to, you
know, we're talking about almost two years of
blog, I'd have to go back and read every
page and every entry.
Q. You, you update your blog every day,
don't you?
A. Usually.
Q. You spend several hours on the blog?
A. No.
Q. No?
A. No. Usually it's about a
five-minute entry. I spend several hours
running the web site. The blog is one
fraction, one small fraction of the web site.
Q. It's fair to say you've spent five
hours a day working on the blog? Or the
56 (Pages 218 to 221)

f011 b12a-1 cae-4351-a011-04e1 c42b5e3c
JULY 23, 2008

Page 224
Page 222
1
1
2
2
take pictures of people, places, events that
web site. Excuse me.
3
were going on. Sometimes taking pictures of
3
A. I'd say it's fair to say three to
4
4
five hours.
the construction work. I shot a lot of
5
video. After we bought our video camera,
5
Q. Three to five hours depending on the
6
which was just before our son was born, I've
6
day?
7
7
shot lots of video of the harassment that we
A. Depending on the day, depending on
8
8
endured every day by the excessive noise and
what's happening with news, depending on, you
9
construction. By that point I believe all
know, whether -- on Sundays I spend very
9
10
10
little time. On Saturdays I don't spend as
the blasting was done, but there was still a
11
11
lot of work being done by graders and dozers
much time.
12
12
and other things that were, you know, that
Q. What were your hours while you were
13
were going on that, you know, harassed our,
at the PRC?
13
14
14
harassed us. I wish that I had the video
A. Pretty much the same as Cingular,
15
15
evening hours.
camera a year earlier. The stuff that I
16
16
could have captured on tape were -- it's, it
Q. How many blasts did you experience
17
17
while you were working at the PRC?
is a tapeless camera, on the hard drive
.8
A. I don't recall.
18
rather, would have been very graphic and very
19
19
Q. And, again, your blog doesn't
bad.
20
indicate whether or not you were present
20
Q. You agree with me that -- strike
21
during those blasts?
21
that.
22
22
A. Not, not for every one, but I
During the time period I stated,
23
23
believe that -- you know, again, I'd have to
November '06 through August '07, you were,
24
go back and look. I don't recall. .
24
you were basically obsessed with the
25_ _--"-_
Q. _
25
What
your
hours
-- well, when _ _ _-+____
1_
_ _were
___
__
_--'-_'-'--'--'-_--'-_
c-'-o.;. .;nc.. ;;s-'-tru'-'-'-cc;;;;ti_oc..n;;;..P!:2i ect, weren't you?
Page 223
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
you left in July to go to South Carolina you

were gone until your son was born?
A. I was gone until a couple of days
before my son was born.
Q. SO during that period of time any
blasts, if any, your knowledge about those
would come solely from your wife?
A. Yes.
Q. What during -- let's say November
'06 through August '07, describe your typical
day.
A. Get up in the morning, have
breakfast, work on the web site, do some,
you know, some housework, although, you know,
in a big house there's never time to do
enough of it, you know, have lunch, go to
work, come home. I would at work on my
breaks when I worked for Cingular, we had an
internet cafe, and so I had the ability to
go on line and, you know, find out, okay,
this happened. And sometimes I would come
home after work and, you know, with the
notes that I made work out, you know, work
out a story. During the day I'd go out and
Page 225
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
A. No. I've never been obsessed. But

your client was obsessed with terrorizing my
family with the blasting, the grading, the
dozing and everything to make a buck at the
expense of a family that had nothing to do
with your Wal-Mart, nothing to do with your
contract, and you had no right to treat us
like dirt like you guys did.
Q. You made numerous phone calls to the
city during that period of time, didn't you?
A. Yes, absolutely, because -Q. And you were -A. -- because your, because your company
was out of control.
Q. You made numerous phone calls to CCI
Construction, yes?
A. I'm sorry, to TCI Construction?
Q. Cleveland Construction.
A. I made numerous phone calls to
Cleveland Construction.
Q. And you made numerous phone calls
per day to Kanawha Stone; correct?
A. Not each day, no. On occasion I
made numerous phone calls.
57 (Pages 222 to 225)

f011 b12a-1 cae-4351-a011-04e1 c42b5e3c
Page 228
Page 226
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
_8
19
20
21
22
23
24
25
Q. Numerous phone calls each day?

A. Quite frankly, calling -No.
Quite frankly, calling Kanawha Stone
was pretty much a waste of time. You guys
didn't give a damn about us.
Q. Sir, sir, if your -A. I'm answering your question.
Q. My question was yes or no.
You complained a lot of this noise
was in the morning; correct?
A. Yes.
Q. Did you ever get up and determine
whether the noise was coming from your
neighbor?
A. Yes.
Q. How often was it coming from your
neighbor?
A. Rarely.
Q. Rarely. So the noise from your
neighbor only came in the afternoon, that's
your testimony?
A. No, I said the noise from the
neighbor for the most part might be one to
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Page 227
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
two days a week, if it's that. Many times

our neighbor is off doing whatever he's
doing, I don't follow him to know, and isn't
there. And then when he does, when he is
there on the occasions that he is, it's
usually pretty loud and it's usually pretty,
you know, pretty bad. But for the most part
our -- you know, it's like, kind of like
living with somebody that, you know, works on
a barge, they're gone more often than they're
home, you know. But the noise from Kanawha
Stone and from Cleveland Construction was
blatantly out of control.
Q. You make, do you make harassing
phone calls to your neighbor?
A. No. No. After he complained about
the weeds, I called him and asked him why he
didn't call me and say, you know, and at
least come to us and say there's a problem
as opposed to going to city council and
saying what he did to city council. He
didn't like hearing that.
MR. KONSTANTY: Sorry, just to
clarify. We're talking about the neighbor
JULY 23, 2008
next door? What's his name?

MR. MULDOON: Kanawha Construction.
MR. KONSTANTY: Are you talking
about the construction company or the -BY-MR.WHITE:
Q. What's your neighbor's name?
A. I'm talking about John Clay.
MR. KONSTANTY: Okay. Thank you.
A. I don't know the phone number, I've
never called.
Q. John Clay owns the crane shop next
to you?
A. No.
MR. KONSTANTY: No.
A. As I was starting to say before you
interrupted me, I don't know the phone number
for Kanawha, Kanawha Construction. I
wouldn't know how to call them.
Q. Do you own a phone book, sir?
A. I'm sorry?
Q. Do you own a phone book?
A. Probably.
Q. You have access to the internet
obviously?
Page 229
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
A. Yes.
Q. Did you ever attempt to find the
number for the crane company?
A. No, because when there was a problem
with the crane company they were there, I
had no need to call them.
Q. The, the construction -A. All I needed to do was walk to the
fence to talk to them.
Q. Wal-Mart construction project has been
good business for Putnam Live, hasn't it?
A. Pardon me?
Q. The Wal-Mart construction has been
good business for Putnam Live, hasn't it?
A. I wouldn't agree with that, no.
Q. Didn't give you something to write
about?
A. It's given me something to write
about. There are many other things that I
could write about, too, and many other things
that I did write about.
Remember when phones just rang?
Q. During the period, and I think this
is -- we got off on this.
58 (Pages 226 to 229)

f011 b12a1 cae4351a01104e1 c42b5e3c
Page 232
Page 230
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
_8
19
20
21
22
23
24
25
A. I think the Wal-Mart construction has

been good business -MS. SOLOMON: Let him finish.
A. -- for, for Kanawha Stone.
Q. Between November '06 and August '07,
what was your typical day like?
A. I think we already described that.
I get up in the morning, work on, have
breakfast, work on the web site, shower,
change, do the things that people do.
Q. And you left off in the middle of
the day is why I asked.
A. And then I'd go to work, drive to
work on the days that I was working in the
evening, and the days that I wasn't I would
work more on the web site or do other things
around the house.
Q. What did you do in the evening?
A. I would be working at Cingular or
PRe.
Q. Until7?
A. Until 11 on most cases. On
Saturdays it was a midday shift.
Q. Well, if you got off at 7, what did
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
you do for the rest of the day?

A. Drove home, sometimes go out to
dinner with my wife. I have never kept a
diary of what I do from the moment that I
get up until the moment that I go home or
at work or whatever.
Q. Do you watch TV?
A. Sometimes, not often.
Q. What's your favorite TV show?
A. The news, Dodger games. I used to
watch "Party of Five." There was a show
called "Everwood" that I used to watch. You
know, "Extreme Home Makeover." You know, I
don't watch that -- I probably watch other
than news maybe an hour of prime time, two
hours of prime time a week. I don't have
time to watch that much, and I'm usually
gone during the evenings anyway. During the
day I'll watch the noon news, the morning
news when I get up.
Q. Do you have a VCR, DVR, anything of
that nature?
A. No DVR. We have a handful of VCRs.
I'd have to do, I'd have to do -- I'm
guessing three or four VCRs.

Q. What do you do with those?
A. I rarely record on the VCRs, quite
frankly. The last time I've used them
mostly has been to duplicate the footage of
what's happened to provide copies to the
attorney to give to you. I can't remember
the last time I programmed the VCR to tape
something. We have, we have one downstairs,
we have one in the master bedroom, I have
another one. I think we have three VCRs
now, and a couple ofDVD players, and I
can't remember the last time I watched it,
the last time I watched a DVD.
Q. You mentioned in the beginning that
you didn't have a camcorder. When did you
purchase that?
A. Towards the end of August, shortly
before the birth of our son. And I need to
clarify that we had one that broke probably
a year before that, and we, there was a gap
in between the time that we replaced the one
that broke before we replaced it and bought
a new one.
Page 233
Page 231
1
2
JULY 23, 2008
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Q. You've, you've harassed many of the

construction workers with your camcorder,
haven't you?
A. No. I've documented the harassment
that they did to us.
Q. You haven't invaded the construction
site without, without an invitation?
A. No.
Q. You've never been on the construction
site?
A. I have been on the Wal-Mart property
after it opened. I went to the office when
things first got started to complain and was
told to leave, and I never went back to the
office.
Q. Mr. Konstanty earlier mentioned an
incident involving Kanawha Stone water truck.
It's true that you were harassing that
gentleman with your camcorder, weren't you?
A. No, I didn't, I didn't -Q. It's your testimony here today that
you made no statements to that gentleman?
A. No. What I said was that I did not
have video. The police asked me if I had
59 (Pages 230 to 233)

f011 b12a-1cae-4351-a011-04e1c42b5e3c
JULY 23, 2008

Page 23 6
Page 234
1
2
1
2
broke rock. I'm not a construction expert,
video, and I said I did not. I took
so I don't know the names of all the pieces
3
3
digital pictures of him coming at me with a
4
4
wrench. He was at the back of the truck, I
of equipment.
~11
5
5
Q. You did-was towards the front of the truck, so I
6
6
wasn't even within 15 or 20 feet of him.
A. Backhoes.
~
~
7
7
Q. You were making harassing statements
Q. You did about several pieces of
~
I;
8
to him, weren't you?
8
equipment. Cement trucks, delivery trucks.
J
9
9
A. No. I asked him ifhe was aware
You agree with me those are not all Kanawha
~
~
10
10
that there was a water shortage in Hurricane,
Stone vehicles?
M
11
11
A. The cement trucks are not. The
and that they were using a lot of water.
~
12
12
And he went off on me and came after me
delivery trucks are not. Some of the
13
with a wrench, which I did not get video of
13
vehicles had Kanawha Stone's logos on the
~
14
because -- and unfortunately I did not have
14
doors or on the sides of the vehicles.
j
15
the camcorder, because the police told me
15
Q. Your blog does not set out w h a t ;,
16
that ifI had it on videotape they would
16
noise came from what machinery, does it?
~
i~
17
have arrested him, which they should have
17
A. I would have to go back and read
~8
done even with the digital images. And by
18
the entries. I don't recall.
19
the digital, by the digital images you could
19
Q. Do you have -- you don't have any
~
20
tell that he was coming from the back of the
20
independent recollection of what noise came
~
21
truck and I was at the front of the truck,
21
from what machinery, do you?
II
22
so I wasn't even within 15 or 20 feet of
22
A. Oh, I've already said. The dozers
;,1
23
him.
23
-~
24
Q. Do you agree with me that the still
24
Q. No.
~
25
camera
also
doesn't
record
any
harassing
2
5
A.
-the
things
that
the
things
that
I--------------"---'--""------+----'--'--..c.;:;;.:.....;.c="'-'-;,;,;..;,.,;-"----~'---------_J.~
I
I
Page 235
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
statements you made to him?

A. The still-- no, I would disagree,
and I would say the still -Q. The still camera, the still camera
does record those statements?
A. Let me finish my statement. You're
harassing me.
The still camera does not record any
statements of any type. And your question
about record harassing statements is a -- you
know, you're tainting the question with your
comment. And so I'm not going to come
across and walk into -Q. Sir-A. -- the trap that your trying to set,
SIr.
Q. Your counsel can help you.

MS. SOLOMON: You didn't make any
harassing statements.
A. I did not make any harassing
statements.
Q. The noise that you complain of came
from what machinery?
A. The graders, the dozers, things that
",.~~. ~Vfff';'_
<r~""'"
Page 237
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
did drilling and broke rock.

Q. You don't have any independent
knowledge of what noise came from what
vehicles on what days, do you?
A. When you say "independent knowledge,"
define your question.
Q. Do you -- as you -- as we sit here
today, can you say that on November 1st this
machinery belonging to this company was
making this noise, on January 2nd this
machine belonged to this company was making
this noise? You can't do that, can you?
A. There's notes in the blog. I don't
recall specifically what date what machine
made what noise as we sit here on, what is
it, July, July 23rd, 2008.
Q. Sir, you just agreed with me -A. There's no -Q. -- that your blog did not -A. I'm not done with my answer.
Q. You're not answering the question,
you're running on.
You just agreed with me that the
blog did not indicate which company owned
f~I"W~V.~"".w~.,.<~"{.q4'~ ..... ~_... ~I:4JI.tA'f,{u~/'''...i~.i''"''~.~>t';'O'',..'~i.ji.:;''_<4,..._...,~'''''.;..''~f.!<Y;;:j,i,6"'i"'-:Ynl.<.~
:";';1;:
, " ' : ' ' ' ."
:.-;"l'!
l~
~
1-
1a
1
~,
.~
~
~
I
i
~
N
~
~
g
~
~,
Ii
~
~
i
~
'"""#d.J':'""I.;h'-"",.!4.~"'.... ,~IQN~~~ql'~~~.,.""""'~""..c;l;,..>!',..,~
60 (Pages 234 to 237)

f011 b12a-1 cae-4351-a011-04e1 c42b5e3c
JULY 23, 2008

Page 240
Page 238
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
1.8
19
20
21
22
23
24
25
which machines. Now-A. On some days it did.

Q. -- is there a reason as you sit
here today that you don't want to answer my
question?
A. I don't recall specifically what
dates and what events and what machines made
what noise. There are dates and times in
the blog, and you're hitting me with loaded
questions and you're having a good time doing
it, but the bottom line is I don't recall on
what specific dates what machines made what
noise. Kanawha Stone was out there for
nearly a year making excessive noise
terrorizing our neighborhood. It doesn't
matter whether it comes from a dozer or
whether it comes from a backhoe, it's
excessive noise and it has no place
disrupting us in our home and in our yard.
Period.
Q. But you don't know who did it, do
you?
A. I know a lot oftimes that Kanawha
Stone did it. On other days no, not all
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Mr. Halburn, your attorney should

tell you this, but I will. You have a
right to read and review this transcript or
you can waive that right. We need you to
indicate so on the record so that the court
reporter knows what to do with the
transcript.
THE DEPONENT: I want to read the
transcript.
MR. KONSTANTY: Okay. He'll read.
(Whereupon, read and sign.)
(Whereupon, the Videotaped Deposition
of MARK VANCE HALBURN concluded at 5:43 p.m.)
Page 239
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
the machines were labeled with the company

logo on it, so it's impossible to tell. And
I, you know, I can't, if a thing doesn't
have a logo on it, you can't -- just like
the guy that disrupted us at 4:23 on
Thanksgiving morning, didn't have a name on
the truck, so I don't know who did it but I
know that he did it. And the bottom line
is your people were out there making a lot
of noise that was completely inappropriate
and unnecessary for, to destroy the peace and
quiet in our home and in our neighborhood.
Q. Sir, answer my question. You don't
know it's my people because you don't know
who was doing it?
A. I know some of it was your people,
I don't know that all of it was your people.
That's the answer to your question.
MR. WIllTE: That's all I have.
VIDEOGRAPHER: We're going off the
record at 5:42 p.m.
(Whereupon, off the video record.)
MR. KONSTANTY: Is he going to waive
or read?
Page 241
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
CERTIFICATE
I, Kathryn S. Little, a Notary
Public and Certified Court Reporter, duly
commissioned and qualified, do hereby certify
that the videotaped deposition of MARK VANCE
HALBURN was duly taken by me and before me
at the time and place specified in the
caption hereof.
I further certify that said
proceedings were correctly taken by me in
stenotype notes, and reduced to typewriting,
and that said transcript is a true record of
the testimony given by said witness.
I further certify that I am neither
attorney or counsel for, or related to or
employed by, any of the parties to the
action in which these proceedings were had,
and further I am not a relative or employee
of any attorney or counsel employed by the
parties hereto or financially interested in
the action.
Kathryn S. Little, CCR
DATE: August 25,2008
61 (Pages 238 to 241)

f011 b12a-1 cae-4351-a011-04e1 c42b5e3c
JULY 23, 2008

Page 244
Page 242
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
8
19
20
21
22
23
24
25
CAPTION
The Deposition of MARK VANCE HALBURN,
taken in the matter, on the date, and at the
time and place set out on the title page
hereof.
It was requested that the deposition
be taken by the reporter and that same be
reduced to typewritten form.
It was agreed by and between counsel
and the parties that the Deponent will read
and sign the transcript of said deposition.
1
2
3
4
5
6
7
8
9
DEPOSITION ERRATA SHEET

RE: Accurate Court Reporting, Inc.
Case Caption: DOLORES HALBURN AND MARK HALBURN
VS. CITY OF HURRICANE, WEST VIRGINIA, ET AL
DEPONENT: MARK VANCE HALBURN
DEPOSITION DATE: July 23, 2008
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
To the Reporter:
I have read the entire transcript of my
Deposition taken in the captioned matter or the
same has been read to me. I request that the
following changes be entered upon the record for
the reasons indicated. I have signed my name
to the Errata Sheet and the appropriate
Certificate and authorize you to attach both to
the original transcript.
Page 243
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
CERTIFICATE
STATE OF
COUNTY/CITY OF
Before me, this day, personally
appeared, MARK VANCE HALBURN, who, being duly
sworn, states that the foregoing transcript
ofhislher Deposition, taken in the matter,
on the date, and at the time and place set
out on the title page hereof, constitutes a
true and accurate transcript of said
deposition.
MARK VANCE I-IALBURN

SUBSCRIBED and SWORN to before me this
day of
,2008 in the
jurisdiction aforesaid.
My Commission Expires Notary Public
Page 245
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
SIGNATURE:
MARKVANCEHALBURN
,-""I.<""'~li:t.~ "'-.l;-'~""'~';""W'.jts'Mt";"""~1.:,.'"~~.~"fS ...." ...,,,~,;f..'i(4"'1. ""~~I';~;<iMo~~W,.N~ ;~"'w..u..':"iW..,I';-';:;;'. >l'.'1:1'f"''''':'1':;;''''''',..l:;i.~<,;>.~,.\",;:;'::.<'.'''';':''''''''<>i'''''<~''~;'''':'~''
.,,"
DATE:
",;,~.,"'''''.\''',''''1'.:<!",,,,,.~ ~';/;''''''''A.J.;'<>l~~''''<;';'")-(''''''''''''::''''''~''\ltl.Il<'~~t.'""~il.~;,; ... \",=;;\<.""",\...... ~
62
(Pages 242 to 245)

f011 b12a-1 cae-4351-a011-04e1 c42b5e3c
EXHIBITB
{C0043539.1}
VIDEOTAPED DEPOSITION OF DOLORES JEAN HALBURN,
JULY 23, 2008

Page 1

DOLORES HALBURN and
MARK HARLBURN,
Plaintiffs,
vs.
INDEX No.: 07-C-298

individually and in his capacity as
City Manager for the City of Hurricane,
Cleveland Construction, Inc., dba Cleveland
Construction, Inc. Of Nevada, and Kanawha
Stone Company, Inc.,
Defendants.
____________________________________________ 1
Videotaped Deposition of DOLORES JEAN HAL BURN ,

held on July 23, 2008, at the Law Offices of Huddleston
Bolen, LLP, 707 Virginia Street, East, Suite 1300,
Charleston, West Virginia, commencing at 5:50 p.m.,
before Kathryn S. Little, Court Reporter and Notary
Public in and for the State of West Virginia.
fe6a4ec5-8d4a-4eOf-9fdd-d7 eb2b5b 7177
JULY 23, 2008

Page 4
Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
6
17
18
19
20
21
22
23
24
25
1
2
3
4
5
6
7
8
9
10
APPEARANCES:
On behalf of the Plaintiffs:
LA W OFFICES OF MICHAEL T. CLIFFORD
By: Alexandria Solomon, Esquire
Suite 300
The Union Building
304-720-7660
On behalf of Kanawha Stone Company, Inc.:
HUDDLESTON BOLEN, LLP
By: Patrick White, Esquire
707 Virginia Street, East Suite 1300
P.O. Box 3786
304-344-9869
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
VIDEOTAPED DEPOSITION OF DELORES JEAN HALBURN

JULY 23, 2008
VIDEOGRAPHER: The videotape recording
has commenced and we are now on the record.
Today is July 23rd, 2008, and the time is
5:50 p.m.
My name is Garrett Reporting Service,
and I am a certified legal video specialist
for Accurate Reporting, Court Reporting. The
address is 24650 Sawmill [sic] Boulevard,
Suite 401, in Punta Gorda, Florida.
The deponent is Dolores Halbum in
the matter of Halbum versus Kanawha Stone
Company, Incorporated. Case Number 07-C-298.
Pending in the Circuit Court of Putnam
County, West Virginia.
The deposition is being taken at
Huddleston Bolen at 707 Virginia Street East,
Suite 1300, in Charleston. The court
reporter is Kathy Little.
Will counsel please identify
yourselves for the record stating your name,
address and whom you represent.
MR. WHITE: Patrick White for
Page 3
1
2
3
4
5
6
7
8
9
10
11
APPEARANCES (CONT'D.):
On behalf of City of Hurricane
West Virginia, and Ben Newhouse:
PULLIN, FOWLER & FLANAGAN, PLLC
By: James A. Muldoon, Esquire
901 Quarrier Street
304-344-0100
On behalf of Cleveland Construction, Inc.:
STEPTOE & JOHNSON, PLLC
By: Paul A. Konstanty, Esquire
Chase Tower, Eighth Floor
P.O. Box 1588
304-353-8170
12
13
14
15
16
17
18
19
20
21
22
23
24
25
ALSO PRESENT:
Mark Vance Halbum
Todd Bergstrom, summer clerk
Donald K. Garrett, Jr., videographer
Page 5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Kanawha Stone, 707 Virginia Street, East,

Charleston, West Virginia.
MR. MULDOON: Jim Muldoon on behalf
of the City of Hurricane and Ben Newhouse.
It's 901 Quarrier Street, Charleston, 25301.
MS. SOLOMON: Alexandria Solomon,
counsel for the plaintiff. I honestly don't
have the address handy with me.
VIDEOGRAPHER: The Notary public and
court reporter will stenographically record
the testimony today. And at this time will
the court reporter please swear in the
witness.
THEREUPON,
DOLORES JEAN HALBURN,
Being first duly sworn testifies as follows:
VIDEOGRAPHER: Thank you.
Counsel, you may proceed.
MR. WHITE: For the record, also in
attendance is Paul Konstanty on behalf of
Cleveland Construction who is out of the room
at the moment, and we're going to proceed
with his permission.
EXAMINATION
2
(Pages 2 to 5)
JULY 23, 2008
VIDEOTAPED DEPOSITION OF DOLORES JEAN HAL BURN ,

Page 6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
... 8
19
20
21
22
23
24
25
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
BY-MR.WHITE:
Q. Ms. Halburn, we met briefly a minute
ago, but my name is Patrick White, and I
represent Kanawha Stone. I'm going to try
to make this as quick as possible. I just
want to briefly go through your background
first.
Did you graduate high school?
A. Yes.
Q. From where?
A. Dupont.
A. 1983.
Q. And did you -- do you have any
college?
A. Yes.
Q. Where and when?
A. West Virginia State University, 2006.
Q. What -A. Well, actually I have two. One in
2002, one in 2006.
Q. Same school?
A. Yes. I have an associate's and a
bachelor's.
employment that you left in roughly July or

August of 'O7?
A. No.
Q. No?
A. No. I was 10 years -- no, no, no.
After that I went to TSI, which is in
Culloden, West Virginia, I worked there for
about nine months. I got married, moved to
San Diego, and I worked for -- there was a
couple of places I worked for. I don't even
remember the names, I just know that I ended
up at San Diego Opera. I worked there for
about nine months, come back here, and worked
for Thomas Memorial Hospital. Then went to
CASCI, I was there for almost five years.
Left there, went to the Department of
Education, and then did student teaching, did
some substitute teaching and temporary work.
Ended up at BB&T for a while, and now I'm
-- then went to Goodwill, I was a teacher
there. And 'now I'm a teacher for Job Corps,
Charleston Job Corps and Allied Business.
Q. During -- from November '06 through
the birth of your son, whose employment were
Page
Page 7
1
1
2
2
you with?
Q. What are those in?
3
A. First one is banking finance, second
A. Let me think. I left -- I think it
3
4
4
is teaching business education K5 through
was -- there was some at CASCI and some at
5
5
adult.
the Department of Education.
6
Q. From whom did you take maternity
6
Q. SO it's a bachelor's, or an
7
7
associate's in finance and a bachelor's in
leave?
8
8
A. BB&T. That was during construction
teaching?
9
9
also, so it's all kind of runs in there.
A. Yes.
10
10
Q. That's where you got me confused.
Q. Okay. Since -- just kind of want
11
11
A. Well, that's what I said, it's been
to run through your employment history.
12
12
What's the first job you had after high
going on now for a long time, so, I don't
13
13
know, I'm a little confused, too. I don't
school and what was the approximate
14
14
think it quite started at CASCI, it more
employment dates?
15
15
started at the Department of Education. I
A. Super America, I worked there for,
16
16
think that's where I was when we kind of got
through the summer after high school. And
17
17
the word that everything was a go and going
then I went to work for Murphy Mart, I
18
18
to start.
opened the store in Kanawha City. I worked
19
19
And then I did my student teaching,
there for about a year, and from there went
20
20
and I remember the construction was really
to McDonough Caperton, worked nine months.
21
21
bad through that whole stint of student
And then worked temporary services and got a
:
22
22
teaching. And then when I -- I got out of
,
job at Charleston National Bank, and I was
\
23
23
there for 10 years.
studendt teaching I guessbin, olet's sbee ,
b
24
24
starte August, Septem er, cto er, Novem er,
,
Q. Okay. And it was Charleston
25
25
National
Bank
Charleston
National
Bank's
~.:;i; , ~;r.;.,.t<:\'l~, : :i ~_;i:.,~_'ii;i_.ii;ii,=_ _ _=,....._iiii.__~_miiii.~,"""""iirl'==~!m=;:::"_~";:::;....m,.~I:l ,!i!.~Il ':,_","~, m:;:Dirn,_....rii:emcemm!iiiib!iiemr_bi!:ecsai;iiuiiii~i!:e""riilI !iil;:~ii:.i~iilOiuii;amtei.1lidi;.';ltahi;ii;ellilmi7IWiith_o~f=m.trn,:tr:l"=,,J
l3!.;!ii.
3 (Pages 6 to 9)
JULY 23, 2008

Page 12 !
Page 10
&
i.;
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
~8
19
20
21
22
23
24
25
December of2006. I started doing some

substitute teaching, I worked temporary
service and got the job at BB&T.
Q. Maybe I'll show you this, that will
help clarify this. I notice you haven't
been asked to sign a verification. Did you,
did you assist counsel with the preparation
of your interrogatories?
A. Yeah. Well, we wrote them and he
gave them to him and they tweaked them, and,
I don't know. Am I missing something?
Q. I'm going to show you -A. It's very possible.
Q. I'm going to show you, I'm going to
show you interrogatory number 2, Kanawha
Stone's discovery.
A. Well, of course that's wrong, because
I've left there since then, so we know
that's wrong. That's temporary service.
Q. Well, is this start date right for
BB&T, 4/24/07? Does that -A. That probably is right.
Q. Okay.
A. Yeah. That's probably right.
1:~
1
2
But I guess I was working before graduation,

because there was a stint between student
teaching and graduation, so -- and before
there that was the Department of Ed.
Q. And that means -A. And I had an approved board leave of
absence from them to do my student teaching,
but when I was finished to go back? they
didn't have a job for me.
Q. And this is, what, can you interpret
that date?
A. 11150f'06. Of 'OS, yeah, because
I quit CASCI in November of that year, so it
would be 11, 11 of '05 to August of'06.
Q. Okay.
A. Yeah. And then from August '06
until December I was student teaching. So
that's the difference between those right
there.
Q. But the student teaching isn't on
here?
A. I didn't give it to them like that.
Somebody has typed that like that. I had
actually gave them a resume.
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Page 11
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Q.
And then-A. I don't know exact dates, Ijust

know where I was.
Q. Okay. And this says United Talent,
Kanawha County Board of Education, and out
here there's 12-6-4-24-07?
A. Okay. That's 12/6 to 4124/07.
Q. 12 -A. So that was off and on. United
Talent to Kanawha County Board of Education
until I started at BB&T on April 24th.
Q. 12/6 -MS. SOLOMON: Of'06?
Q. -- '06.
A. Okay.
Q. Is that what that means?
A. Yes.
Q. Okay.
A. Yes. Well, actually, that should
be, that should be like a 17 or probably
there or something.
MS. SOLOMON: December of2006?
A. December of 2006, yeah. Because I
didn't graduate until the
. 17th of December.
(,;~~~-.,.:M.\l-
~.~ ;
~'
c-
.,
~k~~O~t::\.."US.:I'<bm
Page
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
:t;o;II:if\<:O<IlI1....~u.~~.lo
..
Q. Can you see my problem trying to

figure that out?
A. Yeah. I gave them a resume with
dates, so I don't know what they've done.
Q. All right. So I understand this,
11106 you were at United Talent, or actually
you would still have been student teaching at
that time?
A. I would have been student teaching
11/06.
Q. What were your hours student
teaching?
A. I went in like around 7:45 to 3:15,
I think is what it was.
Q. 3: 15. Where were you student
teaching?
A. St. Albans High School.
Q. How long did it take you to get
home? I mean, let me ask you this first.
School let out at 3: IS?
A. Yeah. And sometimes I didn't get
out until 3:30, 4:00. You know, I don't
know. It was different.
O. Okay.
~
~
Ii
~
~~
Ii\
~
~
~
I
'J
11
a
~
l~
i
i
J
~
&
I
~'
,~
13j
I
I
~
I
~
~
I
I
~a
I
~~
f~
i
~
~~
4 (Pages 10 to 13)
fe6a4ec58d4a-4eOf9fddd7 eb2b5b 7177
Page
Page 14
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
~8
19
20
21
22
23
24
25
JULY 23, 2008
A. Depended on what I had to plan for

the next day.
Q. And then how long did it take you
to get home?
A. From St. Albans to Hurricane is,
what, 25 minutes maybe, 20 minutes depending
on traffic and how you take the, what road
you take, that kind of thing.
Q. SO a normal day at that point in
time you got home around 4:30?
A. Yeah. I was usually home by 4,
4:15 I think, yeah, unless I stopped
somewhere.
Q. Okay. Then in December that's when
you took the job with United Talent?
A. And that was sort of 8 to 5 kind of
thing.
Q. That was an 8 to 5 job?
A. Yeah.
Q. Where was that job?
A. Well, it was different jobs. It'sa
temporary service. But the longest stint I
had was with, it was a coal company, United
Coal Company in Teays Valley, which is like
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
A. I was a teller, a float, and I

worked at this -- whatever shift they needed
me to work, wherever they needed me to work.
I would work Cross Lanes, Kanawha City, both
branches, main bank, they had me in Point
Pleasant for two weeks. I mean, I was all
over the place.
Q. Was it steady work, were you working
every day?
A. Oh, yeah. It's full-time benefits,
yeah. I only worked one Saturday. I was
off most Saturdays, off Saturdays. I only
worked one, so -- I worked two, I'm sorry, I
worked two Saturdays.
Q. What -- you agree with me a lot of
banks close their lobbies at 5?
A. No. We closed ours -Q. I'm trying to get -A. We closed ours -- I worked drive-in
most of the time. It was open until 6:30
or 7.
Q. Right.
A Depending on what branch I was at
I'm trying, what I'm trying t o '
Q:
i
i
~
I
~
I"
~
r-----------~~----~----~-------------+------~----~~------~~~-------------In
Page 15
Page 1 7 ~
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
1
10 minutes from my house. I worked until
5:00, so ...
Q. That's me. rapologize.
During that pel-iod of time while you
were with United Talent, your shifts were 8
to 5. What time did you normally leave the
house?
A. I left the house about 7:30, 7:45,
something like that.
Q. 7:30, 7:45?
A. Um-hmm.
Q. And then you typically returned?
A. About 5:15. You always hit that
traffic there in front of Hurricane High
School, so it fluctuated.
Q. All right. If I understand what you
told me, you were there until April 24th,
2007, or thereabouts?
A. Yeah.
Q. At which point then you went to work
atBB&T?
A. And that was different shifts. That
was all over the place.
Q. Which - - ,
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
figure out, and maybe you can just help me

more here-A. Okay.
Q. -- is even though you had different
shifts, banks don't operate a huge window of
hours, so what was, what were the different
shifts that you would work?
A. I would either work the 7, like 7:30
to 4, I think it was either 4 or 4:30. I
can't remember when the lobbies closed. But
then on Thursday they were open until 6, so
a lot of times I'd work til 6 in the lobby.
If I worked the drive-thru, I would come in,
either work 10 to 7 or work 9:45 to 6:45,
or I could work a day even or I come in at
7:45 leave at 4 or leave at 5:30, 8:30 to
5:30. I mean, they were all over the place.
It was just staggered.
Q. You'd agree with me that while,
during this period of time you may have left
your house different periods of time and you
might have returned home at a different
period of time?
A. Um-hmm.
~
~
ij
~
~
~
~
I
"~a
~
1
!1.
\'
5 (Pages 14 to 17)
JULY 23, 2008
Page 20
Page 18
~
\!
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
L8
19
20
21
22
23
24
25
Q.
You really were never home during 12
to 5?
A. Not until July.
Q. Not until July?
A. Um-hmm. Unless I had a day off.
Like if I worked a Saturday, which I only
worked two of them, I would have a day off
through the week. Or if I took a day off
because I had sick leave and vacation or
something like that -Q. Do you recall -A. -- I could do that.
Huh?
Q. Do you recall taking off during that
period of time?
A. The first -- oh, sick leave, yeah,
because I was pregnant. There was a couple
of times I had to stay home.
Q. During those. days off, do you have a
specific recollection of blasting activity
occurring?
A. Most definitely. I have a
remembrance of when I wasn't off and when I
come home they were 7,8:00 at night. There
1
2
3
4
5
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
'1
while I was home in the evenings. Now, if

it happened between before 4:00 a lot of
times, no, I probably didn't hear it because
I wasn't there, unless I was on vacation or
sick or there was a holiday or whatever. I
don't even know if -- you know, I'm just
saying most of my experience with the
blasting was done in the evening, and it was
bad. One time I just, I went to look out
the window and I pulled the curtain back and
it went off just at that moment, and I
swear, I thought I was going to hit the
floor it scared me so bad. And it was like
it rolled like this for about 200 feet.
I've never seen anything like it in my life,
and that's the truth.
Q. You weren't hurt by it, were you?
A. Not physically. Emotionally, that's
yet to be decided, but physically, no.
Q. Are you taking any drugs for your
emotions?
A. In August after I had the baby, in
September I had an emotional breakdown one
morning because of the noise. I got up and
fl
~
~
~
I~
~
~
~
~
~
,~
f>
't
1
"
~II
~
i~
~
.!
Page 21
Page 19
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
was one time it went off, and it's in the

blog, that I was afraid to look out the
window because I swear I thought the hillside
was gone, that's how bad it was. It shook
my entire house. My dogs freaked. It was
terrible. I do recall all the blasting that
I heard, I mean, when I was home. And Art
King called me and said, Ms. Halburn, we're
going to try to do this before 4:00 every
day because you're usually gone, your husband
has told us your sc,h~dule. And every day
after that it was aft~r 6:00 every day. I
heard it every day after that.
Did I tell Mark every time? No, I
didn't, because he always reacted to it, and
I didn't want to do that. Not that I
thought he was in the wrong either. I'm
just not a confrontational kind of person.
I, you know -- and you'll see that I'm not
the one that's making the phone calls and
stuff, because he takes care of it. I get
too upset, I can't do it. My nerves can't
take this even.
But yes the blasting did occur
'":;',, . ",':'.'.,'"Je.<';.... "i,',','>-~~
o.t!i"'; ,>;:,.\\:\
~~',~!~M""'~"'l<
..
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
I just couldn't take it. It woke the baby

up; the baby hadn't been sleeping. Of
course if the baby doesn't sleep, I don't
sleep. And I got up and the noise was so
bad that I lost it. I just had an
emotional breakdown. The home health nurse
is my witness. She came in, my blood
pressure was through the roof. I called my
doctor that day. I went in to see him,
it's Dr. John Neville at Dunbar Associates in
Teays Valley, and I told him what we were
going through, and he put me on
antidepressants and blood pressure pills.
And I told him that I would try them. I
did not like to take pills, I don't. And
to think that I have to control my emotions
with pills is not something that I'm fond
of. I tried them for two weeks and I -they made me so dizzy I'd stand up and
almost pass out on the floor. And I said,
you know, this is ridiculous, so I stopped
taking them. I didn't even finish the
prescription.
O. How many days after the birth of
~"',Pl;~" ~~\;I4{')t';,.U;&I'>("'<;!,<t~~;;<;;v...,"'"~'--l,t{_""... ~,,)'....... t...),w,,~,,~."'""""'.;,".IH-r;o."""'''4<'",.;,;,>,t.V~'''i.M''W<k.1>":.I"''''''Mo&.:I;4:O~ll;('i$'''~'''''~"l
:1
I
"
.~
Ij
~
1
n
N
~
!
1
,,
!~
f.
"U.,
i
~
;1
~
I
~
i~
Oi:'>'lr,~~~~h'.ihIl<!J,_lI<U'i!:~
6 (Pages 18 to 21)
Page 24
Page 22
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
.8
19
20
21
22
23
24
25
your son was this?

A. I had him on August the 29th, I'm
not sure the date that I went to the doctor.
It's in the notes that I gave in my
interrogatory.
MS. SOLOMON: Is it weeks?
THE DEPONli:NT: Huh?
MS. SOLOMON: Is it weeks after he
was born, days, or months?
A. Well, it had to be weeks because I
had already been in the hospital the second
time and came out, because I went back into
the hospital for another, what, four days, I
think, and came back out, and the home
health people were coming into me, so -- and
they did that for about a month, so, you
know.
Q. Did your doctor tell you that your
stress or emotional problem was related to
the construction?
A. He said that I was under a 16t of,
you know, my hormones, he said it was due to
hormones and stress, is what he said.
Q. Did he tell you stress from what?
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Page 23
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
JULY 23, 2008
Cleveland Construction, City of Hurricane, has

ever tried to help us in any way, not one
time. If one time somebody would have tried
to assist us in some way, we probably
wouldn't be sitting here today. I'm sitting
here today because two people from the City
of Hurricane told me to get a lawyer, that
that was the only way I would take care of
the situation, and that is why we're sitting
here today.
Q. Why did you sue Kanawha Stone then?
A. Because Kanawha Stone is part of the
picture. They provided the blasting and the
dirt at my house inside and out. So not
only am I taking care of a baby, but I'm
cleaning up dust all the time. The dust
inside my house was just awful, and that was
because of all the dust that was being
raised by all the blasting and the machines
and stuff that was going on across the
street.
The outside of my house, my lawn
furniture is destroyed, it's filthy. There
is no cleaning it. I've tried. There's no
Page 25
A. Well, I explaiiJ.ed to him what I was

going through."
Q. A newborn b~.by is very stressful,
isn't it?
A. It is very stressful, yes, it is.
But this stuff that was going on across the
street surely added to it. It surely was a
contributing factor all the way.
I'm not on the pills now or the
blood pressure pills, and my blood pressure's
been fine, and there's no construction going
on, so I don't know.
Q. You were able to stop taking pills
cold turkey, weren't you?
A. I did, yes, I did. I didn't like
the way any of them made me feel. I have
a baby to take care of.
Q. What -- in regard to Kanawha Stone,
solely Kanawha Stone, what are your
complaints that you've alleged in your
complaint?
A. Well, of course it's the same as
Mark's, but my majur complaint with everybody
is that not one person on, in Kanawha Stone,
,",':
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
cleaning it. Everything is destroyed on the

outside. In fact, I cleaned the back porch
like three times, it still looks bad. But I
cleaned the back porch I don't know how many
times. And it's just -- there's plants and
bushes in my yard that have died. And, you
know, somebody needs to be held accountable
for it, I didn't do it.
Q. How did you try to clean it?
A. How did I try to clean? What, the
lawn furniture?
Q. Yeah, the deck.
A. With detergent, the spray 409. Is
that what you clean lawn furniture with? I
don't know. I mean, that's what I use,
that's what I have.
Q. Did you use a rag, brush?
A. Yes. Yes.
Q. Did you try hosing it down?
A. No. A hose doesn't work.
Q. Hose doesn't work to clean it or
your hose at the house doesn't work?
A. No, our hose doesn't work. It's not
-- right we don't have it hooked up right.
7 (Pages 22 to 25)
Page 28 >
Page 26
1
2
3
4
5
6
JULY 23, 2008
t~
1
2
3
4
56
It's not right In fact, what happened is

MR. KONSTANTY: Let me just
~
we left it out and it froze and busted, and
interpose an objection to counsel's continued
I haven't replaced it I mean, I figure
assistance with answering questions.
why, why bother.
MR. WHITE: I agree, I second that
Q. I bet Wal-Mart sells those.
Q. But moving on. So blasting after 6,
7
A. I'm sure they do, but I -- you can
7
dust, and that's it, and the fact that
~
8
put this on record, I've never stopped foot
8
nobody came out to help you?
~
9
in that store and never will, so don't worry
9
A. I guess. I mean, if you want to
10
about that.
10
belittle it that much, that's fine, but -~
11
Q. SO dust is your main complaint?
11
Q. Do you agree -I.
12
A. Dust, noise, and the fact that they
12
A. -- you have to live it to understand
13
scared me to death. My dogs are nervous.
13
what we went through. You're making it
~
14
My little one pees in the floor all the
14
sound very small but it was very big. But
15
time. They're nervous all -- if they hear
15
if that's how you need to put it, then,
"i:
16
the least little thing; they're going off.
16
okay.
~
178
And they didn't used to be that way.
1178
__Q. But you agree with me that Art King
~.'l
_
MS. SOLOMON: Stress.
4
~
19
A. It's just stress. It's stress of
19
A. I did not, I did not have physical
~
20
being in a situation that I can't control,
20
-21
and that's what stress is all about, and we
21
Q. -- did come out and speak with you?
~
i1
22
can't control this.
22
A. -- damages.
J
~
23
Had he blasted before 4:00, maybe
23
My body was not hmi. Okay?
B
24
you wouldn't be sitting here, like he said
24
Mentally and emotionally, yes. My outside of
1_2__5___h_e_w
__o_ul_d_._I_d_o_n_'t_kn
__o_w_._B
__
ut_t_h_e_f:_a_ct_i_s________-r_2_5___m~y_h_o_u_se__is_ru
__in_e_d_._I_h_a_v_e_n_o_d_e_s_ir_e_t_o________~~
I
i
1
'j
Page 29 .~
Page 27
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
he told me that he would blast before 4 and

he never did, it was after 6:00 every day
after that
Q. He never blasted before, that's your
testimony?
A. I don't know, I wasn't home. But
the days that I was home after 6:00 he
blast, there was blasts, and there weren't
supposed to be.
Q. Do you have','any evidence that blasts
occurred after 6: OO?
A. Probably on their records. I'm sure
they have a record of when they blasted and
the times they blasted.
Q. Do you have any?
A. Do I have a record? No, I did not
document the blasting.
MS. SOLOMON: Your memory?
THE DEPONENT: Huh?
MS. SOLOMON: Your memory is
evidence.
A. My memory is all I need and Mark's
blog. I mean, I told him a couple of
times, but like I said I didn't. ..
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
fix the outside of my house. I mean, I

have no joy in my home anymore, and I had a
lot of joy in my home. You know, I mean,
that's the kind of stuff that Kanawha Stone
helped to take away from us. You didn't do
it alone, but you sure contributed to it.
And that's where we're at here today.
Q. What about the outside of your house
do you allege was destroyed?
A. It's just, it just doesn't look like
the same place. It's dirty-looking.
Q. Have you tried to clean the outside
of your house?
A. Why should I? I didn't do it. Why
should I clean? No, I have not. No, I
have not. I cut my grass, that's what I
do.
Q. Were you present for the conversation
your husband had with Mr. King?
A. No. I think it was by phone. I
wasn't present, no. I was just -- when he
called me, he said, I spoke with your
husband, and he expressed that you're home,
you're pregnant and you're home in the
.u
~J
,~
~
~~
~
"
~
~
Q
1
~
~
\
~~i
7,
:(
I
t
'j
~'~
.~
~
~
)~'""<-.. ~
8 (Pages 26 to 29)
fe6a4ec5-8d4a-4eOf-9fddd7 eb2b5b 7177
Page 32
Page 30
1
2
evening, so we're going to try to get the

3
blasting done before 4:00. And he was very
4
nice. And I said, I truly appreciate that,
5
I said, I really do.l;3ut it never once
6
happened, that I know of. I mean, it always
7
happened after 4, so I don't know. When I
8
heard it, it was after 4:00. So-9
Q. But of every one, Mr. King did make
lOan attempt to try to help you?
11
A. Well, he said he was going to help
12
me, he didn't do it. He didn't make an
13
attempt, he just tried to keep me quiet for
14
a while just to get Mark off his back
15
probably.
16
Q. But you don't know the number of
17
blasts that occUlTed while you were gone, do
.,.8
you?
19
A. Not where you could ask am I going
20
to say 5, 10, 15, no, I can't. I do not
21
know, no. Like I said, I didn't write
22
things down. I wish I would have, but I
23
didn't.
24
Q. Well, you couldn't have, you weren't
25
there, could you?
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
house. But she left. Her and her -because they go to church and stuff in
Charleston, and her sister got a house in
Charleston, so Mom stays there or she comes
to my house.
She's actually my baby-sitter now,
she goes back and forth. But, I don't know,
we came back in 2000, and I think they might
have been there maybe six months. I have no
idea when she went to Charleston. But she
still gets her mail at my house and
everything, I mean, she sti1llives there.
Q. Right. Your husband testified that
at this point your mortgage is, what,
$115,000?
A. Yeah, about, yeah, 115. We
refinished 116, and the appraisal was 145, I
think, or 149. It wasn't 175, he was
mistaken there.
Q. Okay. When was -- strike that.
I think your husband said that there
had been two refi's?
A. Yes, we did, we did two.
Q. When was-Page 33
Page 31
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
JULY 23, 2008
A. Not before 4.
Q. Right. So you -- there's no way
you have any knowledge of what Kanawha Stone
did for you prior to 4:00?
A. Unless I was home -Q. You would have no idea?
A. -- for any reason.
Um-hmm.
Q. You bought this house with your
mother?
A. Yes.
Q. What year?
A. 1992.
Q. And you paid $40,000 for the house?
A. Yes. It was three apartments. I
turned it into one house. I've remodeled
almost the entire thing.
Q. You lived there alone?
A. No. My mot~er lived with me. It
was when I was single.
Q. When did your mother move out?
A. Well, my mom hasn't necessarily moved
out. She has two homes. She lives with -she has her own room and everything at my
I
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
A. I don't remember the dates.

Q. There-A. It seemed like there was one in 2000
and -MS. SOLOMON: Let him finish his
question.
THE DEPONENT: Oh, okay. I'm sorry.
Q. Ballpark when was the first one?
A. Let's see. We came back in 2000,
we refinanced maybe 2003 or 2002, and then
we did it again in 2005. I don't know. I
honestly don't know the dates. I'd have to
really research that. I honestly don't know.
All I know is that they were both done
before the Wal-Mart announcement, but I don't
know when they fell. And I don't even
remember the first one, how much it was or
why we did it, I can't even remember. But
I'm sure it was -- we might have done the
upstairs with the first refinance. I can't
remember.
Q. Is your husband on either of those
24
25
A. No.
9 (Pages 30 to 33)
JULY 23, 2008

Page 36
Page 34
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Q.
-- second mortgages?
A. No. He's not on the deed.
Q. What -A. He did sign a right to rescind
because he lives there, but that's all.
Q. What percent of the mortgage payment
does your mother make?
A. My mother doesn't make, pay the
mortgage. Now, when I lived in San Diego
she did and before then, but we don't make
her pay. I mean, she doesn't pay.
Q. You've been bothered by the noise
from your neighbo~',s crane company as well,
-.
haven't you?
A. Yeah. In the,morning is when it's
bad, when they really get -- and that's been
since I bought the house. That was before
Mark even. Just, like I said, I'm not a
confrontational person.
Q. That's almost a -A. I don't even know the man.
Q. That's -A. I don't, I don't, I don't want
anything to do with him.
I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
:it
hearing. Like I said, I think they do

maintenance on them over there, because it's
just a holding yard.
Q. Do you know that or is that just
you speculating?
A. Well, I don't see them building
anything over there, so I'm assuming he just
puts the machinery there.
Q. He has a garage, doesn't he?
A. He's got a huge garage.
Q. Have you been inside the garage?
A. But that crane's not going in the
garage, it's too big.
Q. Have you been inside the garage?
A. No. Never been on his property.
Q. SO you don't know whether he
attempts to repair vehicles inside that
garage?
A. No. Actually, I've never seen those
doors open, if you want to know the truth,
now that you said that. I cannot tell you
what time I've ever seen it open. Not to
say it isn't, I'm just saying I've never
seen his garage doors open. He's always
Page 35
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Q. That's almost on a daily basis him

running his shop, isn't it?
A. No, no, not necessarily. When they
are over there, they might be over there for
like a week at a time. And I don't know
if they do maintenance over there or what,
but they'll just run the crane and just run
it for like hours, and it's just the most
annoying noise you've ever heard in your
life. And it's right,there on the side of
our bedroom. You 'know, there's just a small
room between our bedroom and where they're
at, so it's very very loud. And I used to,
in Mark's office, which is beside our
bedroom, used to be a room that I used to
sleep in, so I really caught it a lot, you
know, in previous years. But, yeah, when he
runs it, it's annoying, it's very annoying.
Q. And he has trucks in addition to the
crane and other pieces of heavy equipment?
A. I have no idea what he has over
there. I know that he drives a big truck,
but I don't know if that's what I hear.
All I hear is -- it's the crane is what I'm
j"*"I:l~_~"~.~,.t<lUo\~-';'<,;,\\,,,," >,&;;"~.U::i:Iii.~~tI'l!,\,,:;.,'1':l<-"'4.... ~;<;.j";<",,""'.~'l,~""''''''' ~
)<
~''lCWl
Page 37
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
*~
~II
~"
~
I;
~
~
~
i
~
i
~
"15
~
"~
~
~
$
j;
i
~l
Ii
~
M
~
~
1(
I
&
.,
~
~
~
U
~
worked on it outside.
Q. He starts early, too, doesn't he,
6:00?
A. Yeah, there's been -- he sometimes
gets pretty early.
Q. During the -A. His will be on weird days, too, like
a Saturday morning or a -- you know what I'm
saying? It's not like it's -- I guess they
take -- they're working where else during the
week, and then on Saturday they come back
and do their thing. Because I'm usually up
early, so, you know, it's Mark that was
working late at night and having to tly to
sleep with everything going on around him.
Q. What work did you do to the exterior
of your house?
A. I put siding on it, new windows,
doors, roof, downspouts, soffit, you name it.
Q. Were you there while they reshingled
your roof?
A. Yeah.
Q. Did any neighbors complain when you
reshingled your roof?
*)l.g""l1:'(;"\I'''''~'''M,''''.-l.,>... ~",..yr;~~',.'4.i"J,;"-,,,,~''''''N':';'''/''I..'_"",,,.,s..<''''''',,",,'''J'':l''''';;''''~''''w...~W/l.l ,).'<14~"t.~~,"7<!,"""'"'~"""'_~"4V~'"
ij,
~~
'i
'"
~~
:~
rl~
s~
~
~
~l
'\
i
,
~\
1~.
~
~
~
I
?~lloW:.~u;,:>~~" .....;,r".,o<',.....j~~y.....,>!~~i,
'W....
10 (Pages 34 to 37)
JULY 23, 2008

Page 40'
Page 38
1
2
3
4
5
6
II
1
2
3
4
5
6
I!I
A. He had a comment about the people

A. A little mound of dirt? There's
that were on my roof because he's racist,
been all kinds oflittle mounds of dirt
but other than thatthat's all.
left. I don't know -Q. Your husband?
Q. Do you agree -~
A. No. My husband wasn't anywhere near
A. -- which one you're talking about.
~
7
us when -- I didn't know him when I roofed
7
Q. Let me ask, ask you this. Would
~
8
the house. I bought it in '92.
8
you agree with methat the last part of the
~
9
Q. I don't know who "he" is, that's why
9
mountain that was removed was a section of
n
10
I was asking.
10
the mountain that was closest to your house?
~
11
A. My neighbor, you said my neighbor,
11
A. There was a piece of dirt across the
12
asked if he complained any, I said only
12
street, is that what you're talking about?
,~
13
about the people on my roof.
13
There was some dirt, a mound of dirt, yeah,
J
14
Q. Did any neighbors complain, not just
11 45
there was,
15
the guy next to you?
Q, And for a good while you couldn't
i
16
A. Okay. No, nobody, not that I know
16
see the construction as a result of this
~
17
of. They weren't loud. They drove a nail
17
mound?
~
_8
with one smack, it wasn't like -- I don't
18
A. Oh, see, we're not talking about the
19
know if you've ever seen real roofers, but
19
same mound. I don't know what you're
m
20
they know what they're doing. They weren't
20
talking about. I don't, I don't understand
~
21
loud.
21
what you're asking.
~
22
Q. I think you sort of answered this
22
MR. WHITE: Well, I think that's all
~
23
earlier, but did YOl.I:icver make any
23
the questions I have for now. Thank you for
j
24
complaints?"
24
your attention.
~
1-2_5_ _.::..A.::..'_O~n_w.::..h...:.o":"?_,,,,,;:w-_ _ _ _ _ _ _ _ _ _1-2_5_ _ _.: . M. . :R:. : .....:.K...:.O.::..N..::....:.S....;.T..:..AN...:..-T_Y.::..:",-",-C_an_I_si_t"'-h..:..er.::..e_?_ _ _-I~
!
J,:",
I
i
,~
Page 39
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Q. On Kanawha Stone.
A. I've never, no, physically I have
never made the complaints.
Q. Is that with respect to Kanawha
Stone or is that with respect to everyone?
A. Every -- well, no, I can't say
everyone, because I did attend a city council
meeting and I wrote the PCDA, so, I don't-and I've called this Councilman Call,
Councilwoman Call. Lana Call, I think her
name -- I'm not sure what her name, first
name is. But I've called Ben Newhouse on a
couple of times and I called Mayor Peak, he
never returned my call, neither did Newhouse
either, but that's beside the point. I
mean, to my, to what I can remember that's
all I've done. I did'n\ call Kanawha Stone
or anything.
Q. Do you remember a little mound of
dirt on the construction site that was left
closest to your home?
A. Oh, my gosh. Do you mean -Q. By a little mound of dirt, I mean
little in respect to a mountain.
Page 41 /;
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
~j
VIDEOGRAPHER: Yeah.
MR. KONST ANTY: Can we keep going?
~*
l,
Let's forge ahead.
~
~
EXAMINATION
~
BY-MR.KONSTANTY:
~
Q. My name's Paul Konstanty. I
represent Cleveland Construction. You've been
I!
~
here for your husband's deposition. I assume
~
you know how this works. If you don't
~"
understand a question that I've asked, just
let me know, I'll rephrase it.
I
And I have just a very few questions
j
for you, ma'am. I heard you testify, Mr.
~
White asked you some questions about your
g
medical condition and your health, and you
~
talked about your nerves a little bit. The
~
~
comment that I heard you make, and I wrote
it down, it was it's yet to be decided.
!
~
What is yet to be decided?
A. I just -- I don't know. My n e r v e s ,
are shot over all this, through this process,
~
what's happened, going through all this. You
~
know I don't know. I get really nervous.
~
Ii
!
I
i
t
..
..
'-::,~:'l::).~rnm~""~,~w:::i."m.r,:t:";;.~i!1J_:<ic,~~
.._~._~D~.~~~,;,.~,.:.~"':m:~"':i!'i:"~tiih':iii=M'~"~~_:t;;.~.::~""",,~,,,,~,C;;;1\.(1"m:"!':''''''''I.iI:rn.l{.~t::':",I{......
::rn,:1::'""rN::::;M'l!i7.~di'",~
.~::t::''"~'h~'I''/''~~"~~"':'\~'~""~"':"'"~1;:r<.::.:..iii:;~t
....vr.l::""'~""';"'"aI~;;~;,:;ii:"",~,.'''~t"""",~~,Y&",~,~:ii:'l'\l,...i;t;.;t.".;;:::~""'W'>r"~'"::~-#'I)}...
::-'
.. :i::t~,....~
\~~==~.~...t.itr.:i:.~~W~M':<iI'll,,~"=.~'l"1~'i;A.~.~~"""",,I
..i;~=~'>"''''~
11 (Pages 38 to 41)
JULY 23, 2008
Page 44 Ii
Page 42
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
I know for two wee!<:s after the arrest I had

panic attacks. I didh't go have them
checked because I just, I found out I was
pregnant, there's nothing they could do
anyway. I would never take anything while I
was pregnant anyway. But this has been very
emotional for me. Being here today is very
emotional for me.
Q. Do you, do you have an appointment
with anyone?
A. No, I don't. There's no future
plans to go and see a psychiatrist.
Q. SO I'm still not clear what's -A. It's just, you know, it's just
everything.
Q. I'm sorry.
What's yet to be decided, then?
Just I don't understand what you mean by
that.
A. Well, it's just that with everything
we've been through,and with the couple of
things that we have Jaken to trial that
hasn't worked and\iie can't sell our house
and now we're going through all of this, and
to
depending on the outcome of all of this, I

don't know what the future holds for me. I
mean, I'm at my emotional break. You know
what I mean? I'm at my limit with
everything.
So I just want closure, and I want
this -- I want to raise my son in a nice
place and get past all this, get on with our
lives. We haven't been -- we were working
steadily fixing up the house. I need
furniture, I won't buy -- I haven't done
anything. You know, my life has been put on
hold for two years, and I'm ready to stop
all this and get on with life.
Q. And for you closure, for you and
your husband, would be to sell the house and
move somewhere else?
.,
A. Exactly.
Q. Do you remember the name of the bank
that you did the last refinance with?
A. Wells Fargo is who I have it with
now, I think that's who I write the check
to, Wells Fargo. Yeah.
Q. Well and I should have asked you
,w.:.w.. ;....,.".,,....
,,~w.c.,,~
lJoI:I ........
..
"'
,......"..:l'~~,.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
l~
~
'l
!.
~
~
~'I
J
;~"
i
~
:J
!I
'~
~'l.
fl
\1
11
Q. -- make copies of all that for us,

I would appreciate it.
A. Sure. I'll be glad to. I know
since then I've tried to get the house
appraised and I can't.
Q. Why not?
A. They tell me it's not worth anything
residential, they'd have to do it as a
commercial appraisal.
Q. Who's -A. That's what they told me.
Q. Who told you that?
A. Tom Michaels and Franky.
Q. Tom Michaels?
A. Um-hmm.
Q. And who was the second one?
A. Frank Dorsey.
Q. Okay.
A. That now its use, that that's not
what it should be used for. It's now in a
commercial zone and it should be commercially
appraised because it actually should be
commercial property. There would be no way
that they could find comps anywhere across
,
.... "''N .. '''v''''IIY~.~'''''''*::tiN'''''... ''..,.... ,~.-.;.w:>."'-~ s=<:o:t' '"'""".....r"""1J<.:...;'.."""'I#<Q,'<,'\:
'~ ...;);l ....-'>.~JJt>:"'';."'.:-4W~W.~
~
~
~
Page 45
Page 43
1
2
3
4
5
'6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
"~
this question. I mean, is that who you

refinanced with or did they then subsequently
buy the mortgage and that's who now you pay?
A. You know, I did it on line, and I
don't -- I think Wells Fargo is who I
refinanced with. I honestly don't remember.
Q. Do you have any of the paperwork
still?
A. Probably somewhere. I don't know.
Q. Specifically the appraisal?
A. Yeah, I have a copy of -- I think
Mike may have a copy of the appraisal. I'm
not sure if I gave that to him or not. I
have it in a file if I didn't give it to
him.
Q. Mr. Clifford?
A. Um-hmm. It's Frank Dorsey from
Associate Appraisers is the one who did it.
Q. Okay. Let me just ask you, if you
don't have an objection, that if Mr. Clifford
doesn't yet have that appraisal and you have
it at home, if you would provide it to him,
and in tum, ma'am, if you could -A. Sure.
I
~
~
.~
!)
\;
~
~
i~
~
,~
,,
~
~
:1"
,
f
I~
12 (Pages 42 to 45)
VIDEOTAPED DEPOSITION OF DOLORES JEAN HALBURN,JULY 23, 2008

Page 48
Page 46
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
8
19
20
21
22
23
24
25
the street from a major super center within

a certain mile radius like they have to have
for an appraisal. You know, it would be
almost impossible for them to do that.
Q. Have you ever been offered any money
for your house?
A. I have never 9,een offered anything,
.,
no.
Q. Do you know whether anyone's offered
your husband money for the house?
A. Mark said that one time that he was
having a discussion with Scott Edwards and he
offered 100, or he asked for pre-Wal-Mart
plus 10 percent. But that was never brought
to me in writing, verbally, nothing, and I'm
the homeowner.
Q. Sure. And that would have been in
your estimation, what, 100 -A. What, 149 plus 10 percent is, what,
160?
Q. Right, somewhere -A. 155, something like that.
Q. Did you have any specific interaction
with anyone from Cleveland Construction?
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
~
1.
~
'I
~
~
~
!
~
1*
~
,~
"
I
0
~
r~
'I
~~
~
~
~
~,
~
--
Q.
You don't reall~ know how much it
Page 47
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
i"
that the construction is over?

A. Uh-uh. Now I'm on display. No.
We stay in my house.
Q. I'm sorry, I should have made the
question clearer. The dirt and debris, that,
that has ended?
A. Yeah. They've paved it, yeah.
Q. Have you made any inquiry or
investigation into someone that cleans houses
that -- you have vinyl siding?
A. Yes.
Q. How much that would cost to have
your -A. No, I have not.
Q. -- your house cleaned?
A. Uh-uh. I don't want to spend
another dime on the house, if you want to
know the truth.
Q. You're aware that there are people
out there that do that sort of thing?
A. I'm sure there are, with a good
penny to do it, and I don't have it. So
~
..f,
Page 49
.~~
,
f,
A. No.
Q. Telephone ot'otherwise?
A. Not that I rec,8'll. I didn't call
anybody, unless th~y called the house looking
for Mark or something. Other than that I
wouldn't have, no. No.
Q. And the letter that you referenced
earlier to the PCDA, did you, you wrote
that?
A. Yes, I did.
Q. The physical damage to the exterior
of the home that you described, Mr. White
was asking you questions, was a result of
dust and debris?
A. Dust and dili, yeah. It was just,
the car would be covered, the inside of the
house was constantly -- and I -- and we've
lived like hermits, I'm not kidding, for two
years. Every window, every door, every
curtain has been shut in my house. My child
doesn't even know what sunlight is at my
house, because we keep it all shut. We
don't ...
Q. And has that 'has that stopped now
~e...'Y.i!"'I<'\,"V/~I=i"'r-!.o1.l!ii'3:""'~~~~"'\.l:~'\;<;\~')'~""'Mil.'i'>~;,:,t~Il_";{'VI.~~ 'oil:"}
1
2
3
4
5
6
7
I.~
costs, I think that's fair?

A. More than 50 bucks is too much for
me right now, so ...
It's not only that, if, if! do get
a buyer, my house is worth absolutely not a
penny more now than it will be if! fixed
it. It doesn't matter. My house would be
tom down if it's going to be sold as
commercial, so why would I spend a dime on
it. That's where we've been, we've been in
a holding pattern for two years now.
And Tom also told me that, or it
might have been David Bledsoe, one of the -either the Realtor or Tom Michaels, I can't
remember at the moment, told me that my
house was probably worth half what it was
before the Wal-Mart now as residential
property. I don't necessarily know if I
agree with it, but I'm just telling you what
they told me.
Q. Sure.
Do you have specific complaints other
than what maybe your husband shared with us?
I mean, do you have --
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
'1~~""'.!.'<Y.I ..')\:1.;.1h>;>.~t4"''''f''\'.!~':''''~ .i.:..l:\.;'\'V::t.':' <\",~,~;~.
";~'<'.i~
.;,,-
~4""J,,:.:J~~~
~'<i<>I~>W>~'''''''~.&<''.'\,.$~!i~4iM.j~>'$:o::m,...:..''t>'''''''',::I,.,;;.,.::'I'
11:-1'1
",w.",-=--=.,.lt'''~'~~'*
~1
Ii
,.;
fi
~
~
~~
Il:,
::j,
'I~
~
l
j
;~
t~
1
;:
.x
~
t!
t;
1
~
r:1,
~
~t
,~
~
~
"..:;",>t~
~
1'.t;.M
13 (Pages 46 to 49)
fe6a4ec5-8d4a-4eOf-9fdd-d7eb2b5b7177
JULY 23, 2008

Page 52
Page 50
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
1.7
.L8
19
20
21
22
23
24
25
A. I do.
Q. -- anything to add -MS. SOLOMON: Let him finish.
A. There was something that Mark really
missed.
MS. SOLOMON: I was just going to
say let him finish his question.
THE DEPONENT: I'm sorry, I'm sorry.
Sorry.
A. Were you finished?
Q. -- as it relates to my client?
A. Yes. The major issue, before the
actual access was put into the Wal-Mart, we
had people wanting our property, but they
were on standby be9ause nobody would
communicate, not Cleveland Construction, not
the City of Hurricane, neither one would
communicate with anybody on the plans of how
they were going to put the access into that
Wal-Mart. So we had Krispy Kreme was
looking at us. I don't know, there were
several different places. And they all said
we have to see what the Wal-Mart is going to
do. Well, we were under the assumption the
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
was moved. We hired Mike Hall and John

Deitz right off the bat because we wanted
out of there.
Q. Who was that?
A. Mike Hall and John Deitz, and the
name of their company leaves me at the
moment. It's in Teays Valley, though. And
he's a -MR. HALBURN: Wood Buying.
A. Yeah, Wood Buying Properties. And
Mike Hall is actually in politics. I don't
really know what he does.
And I was told I have the best
piece of property up there, that I was eye
level with the Wal-Mart, that's what I was
told. And that you hold onto your property,
it will be worth a lot of money, blah, blah,
blah. We put it on the market, and nobody
could do anything because they had to wait.
First they wanted to make sure that the deal
was going to go through. Then after it went
through then it's, well, we have to see how
they're going to put the access in. Well,
then when they started digging down I told
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
entire time that they were going to build

just like Nitro, you have Lowe's on one
side, you have the road in the middle, you
have the Wal-Mart on the other.
No, what did they do? They proved,
they come in and dig down 12 feet probably
below my property value and eliminated my
ability to sell my house. I now have to
work with the two 'people on each side of me
to sell my house. And let me tell you,
that's not an easy thing. And now I have
to wait and a deal has to be made for the
entire hillside before I can sell my house.
So I'm stuck. And it's all because -- and
Cleveland Construction had a big part in
that. They're designer, they're the ones
that put it in. City of Hurricane approved
it.
So that's my biggest gripe with
Cleveland Construction is that they put the
road in like they did and they have
eliminated my possibility of selling my home
and getting out of there, which is what we
wanted to do before the first piece of dirt
"'r.,,,.-'<""';:.'V''''.'',~./.,:;t.l./;'\k;~''''''''''''tiItJ,,.t;:g~''h:,,-,<,,);i:,
<,
.",
I
"t
:Y
~,
~
~
i
~
~
1
j
Q
1.
~
1
~
i
j
I
~
~
i~
~
~
i1
Page 53
Page 51
1
2
3
4
5
6
7
l?
1,
1
2
3
4
5
6
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
..
II
Mark immediately, I said, This is not good.

~
~
I said, Our right of way isn't wide enough.
~
I
And it's exactly what David Bledsoe told me
I'
E
g
when he had it listed. You have to have a
~
certain footage right of way, and I think
~
ours is only like 18 feet or you have to
have 18 feet and we only had 11. I don't
,~
know what it was. But anyway, I don't know
~
what the zoning policy is on that.
~
a
MR. KONST ANTY: Those are all the
~J
questions I have for you. Thanks for your
time today.
~
~:.\
MR. KONSTANTY: I'll switch seats
>'
l~
here.
~
l
EXAMINATION
%
lj
BY-MR.MDLDOON:
:1
Q. Hello, Mrs. Halbum.

~
~
A. Hi.
:1
Q. My name is Jim Muldoon. And I have
a few more questions to ask.
A. Okay.
~
Q. I know I, we use the term "few," so
a
we could be here for a while. No.
n"Q,.u_~,.,,,,,.J
i"'N' ,~{/..ww ','l!.r.r:r;.\""''lhi.f,.~('),I\W;I:6''''~:;;{l.'''~''''''';:ll': ,.c'!.""'''''';';n~I~~)';>'<'''''a,",.~''' .....,..$~-'~' d.'~f/J'')'''''~Ii:\~~........,..".. .._~.:.u..:_ ~~
_"'N.
14 (Pages 50 to 53)
fe6a4ecS-Sd4a-4eOf-9fdd-d7 eb2bSb 7177
Page 56
Page 54
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
1_ 7
1..8
19
20
21
22
23
24
25
1
2
3
4
5
6
In your response to a question that

Mr. White talked to you about, you said that
some folks from the City of Hurricane, I
think you said two people from the City of
Hurricane told youto get a lawyer.
A. Um-hmm.
Q. Who are they?
A. Lana Hall or Call.
Q. Who's that again? I'm sorry.
A. Scott Edwards and Councilman Call or
Hall. It's the lady. I don't know their
names. I'm not good with the names.
Q. When did they, when did they give
you that-A. That was on -- Lana or Lana or
Lanna or whatever, that was on July 3rd.
That was the morning that I called her when
they were across the street on July 4th.
I'm sorry, it was July 4th. And then Scott
Edwards was during a city council meeting.
Q. SO that was 2007?
A. Yes. Yes. And I told them both, I
said, I don't have the money to hire a
lawyer.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
'92, did you ever get assurances from anyone
!II
from the City of Hurricane that there
"ij
wouldn't be development by your property?
~
A. No.
r~
Q. At any time have you ever received
assurances from the City of Hurricane that
there wouldn't be development by your
~
property?
~
A. No.
~
Q. I believe you testified that you did
n
~
attend a city council meeting?
f
A. Yes, in July 2007.
~~
Q. Was it just one meeting?
A. Just one.
~
U
Q. What happened at that meeting?
g
:j
A. I was pregnant at the time. I was
II
m
so upset I couldn't go back.
~
Q. Why were you upset?
A. Just the whole process. Listening
~
to Scott Edwards just upset me, and Ben
~
Newhouse.
a
~
Q. What did they say?
~
A. Just, you know, I went up there and
1
I gave my whole spiel, and I could just tell __ ..._._____ ~
I
(,
~.,~
1
2
3
4
5
6
Q.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
.~<i,~""
."
Page 57
I believe it's y<:mr testimony you

purchased your home in, is it 1992 with your
mother?
A. September of'92.
Q. When you purchased your home, did
you realize that it was commercial property?
A. It wasn't on my, on the paperwork
that I had. It showed, well, for tax
purposes it showed that it was rental, and
then, of course, it went over to residential.
But as far as zoning, no, it did not. No
one ever told me that it was zoned
commercial.
Q. You were adjacent to a crane
company, though, weren't you, at that time?
A. Yeah, but it was -- honestly, nobody
told me. I didn't think -- and I even, you
know, worked in the department where the
loan, the loan papers were created, because I
first got my loan through Charleston National
where I worked.
Q. When you-A. But it wasn't.. ,
O. When you purchased your home back in
~
;~
\I
Page 55
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
JULY 23, 2008
...\\\1....
,,~
that he could care less about me. And he

just -- I said -- he said, We'll see what
we can do about it, and, you know, We'll
enforce, see about enforcing the noise
ordinance. And they didn't do anything. So
I guess I fall in the category with John
Clay, why bother.
He said that he would take it up
with the committee. To my knowledge, it was
never taken up with the committee in a city
council meeting.
Q. SO you have no knowledge whether it
was or was not taken up?
A. No. If it was, we would have been
told about it, because we always have
somebody that attends the meetings that
reports back to Mark, but to our knowledge,
no.
Q. And you're unaware if it was taken
up at an executive session?
A. Right, I'm unaware.
Q. We heard, well, you sat through
your, your husband's testimony about his
concerns and gripes with the City of
, -'
~
~
I
I,
.~~A~A{~&"~""':Q!:;.I:j~f<W,>,
:".
;/
;,
~".
I
i1
u
~
!!,~
1
~
~
ti
I
~
i
i
i
~
\1
,~
~
II
15 (Pages 54 to 57)
JULY 23, 2008

page
Page 58
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
.L8
19
20
21
22
23
24
25
Hurricane and Ben Newhouse. I want to get

your, your opinions or your concerns.
A. Well, like I told him, they're all
the same. I've called Ben Newhouse, I
called him twice, I only called him twice,
and he never returned my calls. Same way
with Rick, Mayor Peak. I mean, my, my gripe
is the same thing. I mean, they did harass
me. They showed up at my house, gave me 48
hours to clean off a hillside. And I asked
him, I said, Is this just the weeds on top
of the hill or do I have to go clear to
the bottom. He said, You have to clean the
whole entire, the whole hill. I said,
You're kidding me. He said, No.
The side, the gUy with the crane
yard, his weeds are still there. He never
cut them the whole time. Since that, he's
never cut them. They're still there.
Q. And you complied with this, with
this -A. Yes, I complied. $800 later, but I
complied. Yes. I had to pay my nephew to
do that, I had to buy a weed eater with a
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
A. No, because I cut the hill within 48

hours. It was done within 48 hours.
Q. Did you ask for additional time?
A. No, I didn't ask for additional
time.
Q. Do you have any other complaints
about the City of Hurricane that we haven't
talked about?
A. Well, the access road, that's, to me
that's huge.
Q. What was that complaint?
A. To the Wal-Mart, how they dropped it
below my property level and I can't sell my
house.
Q. SO you think that they -A. The city approved it.
Q. The city-A. Your city manager approved it.
MR. KONSTANTY: Let me again object
to counsel assisting in answering questions.
Q. Okay. The city approved this -A. I would, I would think they have a
building or a planning person that has to,
the city manager, I would think he oversaw
i'i
it
~
~)
1~
I,
;,
g
~
~
!i
.~
i~
~
i
~.
*~
~
I----------~------~-----------------------+--------~----~~----------------------~~
Page 61
Page 59
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
blade, I had to, you know, get, rent a

U-Haul. And I was out there with them,
seven to eight months pregnant, pulling out
limbs and just all of that. My mother fell
on the pavement and busted her face all up.
She's 82 years old at the time. I mean, we
were all out there wprking, because I didn't
want them to boilier me. And they would have
bothered me. I knew, they did intimidate
me, and they knew that's what they were
doing. Mark wasn't there, and they knew
they could get away with it.
Q. How did they bother you, just by
issuing this citation?
A. Yeah. They centered me out, that's
why they bothered me. They didn't bother
anybody else.
Q. SO you feel you were singled out by
1
2
3
4
5
6
7
the whole project.

Q. Do you know if any of the approve
A. Why didn't they put the access on
the other side of the hill?
Q. Do you know if the access road
violates any code?
A. No.
Q. I'll just check my notes one time.
Do you share your husband's opinion
that the City of Hurricane is corrupt?
A. I don't have personal knowledge of
any of that. It's only hearsay from, you
know, him. So I can't answer that question.
If I had to look at my situation and judge
I
~
!
ii
I
1i
8
~
~
9
10
11
~
12
;j
13
~
14
!
15
~
16
17
ili~fu.
I
18
Q. Before you manied your husband, did
19
you have any problems with or complaints to
20
-~ci~
I
A. Oh, most definitely was singled out.
21
~
A . No .
22
MR. MULDOON: I don't have anymore
~
Q. What was ilie resolution of the
citation?
23
questions. Thank you.
~
A. I fixed the hill, I cut the hill.
24
i
Did
you
have
to
pay
any
fines?
25
Q.
hW"'. .,,....,,,., ,.'''.,,~, ,_='" . ,',=,." '_"'",M""_'___ "~"~~~~''''''''~'Qo''~.',,,.,w,_,.,,,,,~~,,. =",,,,",~w,,.w.,,,,..n~~~!:!!TE: I h!ve no follow-up. ,.....,....~~~,~=_.~
i
i
i
~
16 (Pages 58 to 61)
JULY 23, 2008

Page 64
Page 62
;
3
MR. KONSTANTY: Read or waive?

MS. SOLOMON: Read.
MR. KONSTA,NTY: Okay. She'll read.
MR. MULDOON: Thank vou for coming
in.
VIDEOGRAPHER: The deposition is now

concluded, and the time is 6:45 p.m.
(Whereupon, read and sign.)
(Whereupon, the Videotaped Deposition
of DOLORES JEAN HALBURN concluded at 6:45
p.m.)
8
9
10
11
12
13
;
3
4
5
6
7
8
9
10
11
12
CAPTION
The Deposition of DOLORES JEAN
HALBURN, taken in the matter, on the date,
and at the time and place set out on the
title page hereof.
It was requested that the deposition
be taken by the reporter and that same be
reduced to typewritten form.
It was agreed by and between counsel
and the parties that the Deponent will read
and sign the transcript of said deposition.
~~
~~
16
19
19
~~
;~
22
22
23
23
24
24
~~
II
i
i~
~
~
~
~
~
~
13
16
~J
'j
II
~~
I
~
~
25
25
i
1 - - - - - - - - - - - . ' - "- - - - - - - - - + - - - - - - - - - - - - - - - - - - 1 1
,
Page 65 ~
Page 63
11
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
!,
CERTIFICATE
I, Kathryn S. Little, a Notary
Public and Certified Court Reporter duly
commissioned and qualified, do hereby certify
that the videotaped deposition of DOLORES
JEAN HALBURN was duly taken by me and before
me at the time and place specified in the
caption hereof.
I further certify that said
proceedings were correctly taken by me in
stenotype notes, and reduced to typewriting,
and that said transcript is a true record of
the testimony given by said witness.
I further certify that I am neither
attorney or counsel for, or related to or
employed by, any of the parties to the
action in which these proceedings were had,
and further I am not a relative or employee
of any attorney or counsel employed by the
parties hereto or financially interested in
the action.
Kathryn S. Little, CCR
DATE: August 25,2008
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
CERTIFICATE
STATE OF
COUNTY/CITY O F :
Before me, this day, personally
appeared, DOLORES JEAN HALBURN, who, being duly
sworn, states that the foregoing transcript
of his/her Deposition, taken in the matter,
on the date, and at the time and place set
out on the title page hereof, constitutes a
true and accurate transcript of said
deposition.
DOLORES JEAN HALBURN
SUBSCRIBED and SWORN to before me this
day of
, 2008 in the
jurisdiction aforesaid.
I
~
~
~
~
~
I
i
~
i
~
~
My Commission Expires Notary Public
17 (Pages 62 to 65)
JULY 23, 2008
Page 66
1
2
i~
DEPOSITION ERRATA SHEET
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
1
~
RE: Accurate Court Reporting, Inc.

Case Caption: DOLORES HALBURN AND MARK HALBURN
VS. CITY OF HURRICANE, WEST VIRGINIA, ET AL
i
,~
DEPONENT: DOLORES JEAN HALBURN

DEPOSITION DATE: July 23,2008
~}
Ii
To the Reporter:
I have read the entire trall,~cIipt of my
Deposition taken in the c,!-ptioned matter or the
same has been read to me. I request that the
following changes be entered upon the record for
the reasons indicated. I have signed my name
to the Errata Sheet and the appropriate
Certificate and authoIize you to attach both to
the original transcript.
I,
fl
ij
I
~
1
~
'J
g
~
I~
~oj
~
~
Page 67
,
!,J,
1
2
3
4
5
6
7
8
9
10
,~
~
f;
i
in
:(':'1'
i
~
I
'>;
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
.j
~
~
~
'l
l
~
i~
,
~
fli
'J,
SIGNATURE:
DOLORES JEAN HALBURN
,Lt"~~"": ~"',o ",~ ~ ~
\-.> ,<.,-"
",.-
DATE:
h, ,'~~ .~. ':.c:>.. "" -ol-.(,-~" ..:.... <::,'V.<.,> ""~~"i..,-. ~,#,7,"'.~W~"5>"V"'~'''~~Fi.u ~"" .. ,,;u ;I.,,~""' ,~
f,.~. ,,,,~o<~,-,,,.;,."A"'I.;,,
.,
'~>""'-";"
" , ,),.:;:.. ,\,,,~, ....,,,.,~, t.;--:-';",
.~
~l~k.\ .....,,;;.~ Jt.i,~"".
'" ."",\
..
1~",,,,,,'<.>rt.\'''''''''~';''''-lT.w ,",,,,,,~.,.,
~"'''I .... ,nA'~''''''''.h<.U''''N:~J.i';> :..\ ..",,(',U.";~ f "loN ... ,,)il'
18 (Pages 66 to 67)
fe6a4ec5-8d4a-4eOf9fddd7 eb2b5b 7177
EXHIBITC
{C0043539.1}

DOLORES HAL BURN and
MARK HALBURN,
Plaintiffs,
vs.
Civil Action No.: 07-C-298
CITY OF HURRICANE, WEST VIRGINIA, a municipal

corporation, BEN NEWHOUSE, individually and
in his capacity as City Manager for the City of Hurricane,
CLEVELAND CONSTRUCTION, INC. dba Cleveland Construction,
Inc. Of Nevada and KANAWHA STONE COMPANY, INC.,
Defendants.
PLAINTIFFS' RESPONSE TO FIRST SET OF INTERROGATORIES AND
REQUESTS FOR PRODUCTION OF DOCUMENTS AND THINGS OF
DEFENDANT CLEVELAND CONSTRUCTION, INC.,
INTERROGATORY NO.1: Please state, for each plaintiff, complete name, social security
number, date of birth, current address, the time period during which each plaintiffhas resided at
that address and if for a period of less than ten years, state all other addresses at which each
plaintiff has resided for the last ten years, and each plaintiff=s employment history for the last
10 years preceding the commencement of this action.
ANSWER: Dolores Jean Halburn, 288-58-9811, 11/10/64, Rt. 4 Box 455, Hurricane,
WV 25526 1992-present. Lived approximately 18 months in San Diego 1998-2000.
Employment: BB&T 4-24-07-Present, United TalentlKanawha Co. Board of
Education 12-6-4-24-07, WV Dept. Of Education- 11-05-8-06, CASI- 6-01-11-05,
Thomas Memorial Hospital 1-99-6-01, San Diego Opera- 1998-1999, T-Shirt
International 1997-1998, Charleston National Bank 1987-1997
Mark Vance Halburn; 556-72-620, 1117/1961; Rt. 4 Box 455 Hurricane, WV 25526,
2000 - present; California prior 5841 Amaya Drive. Apt. Lakeside, CA 92040 1998 1999; 345 Estes el Cajon, CA 920201996 - 1998.
Employment: See Attached
MAR 17 21)08
Mark Halburn
__________________________________________________________________________________________
194 Grace Drive Hurricane, WV 25526
News@PutnamLIVE.com
304-415-6397 cell 304-562-0524 home
Objective:
Scheduling/Attendance Clerk
Academic/Vocational Instructor (On Call)
Summary of Qualifications
Conscientious, dedicated, individual who learns quickly, develops good working relationships, and achieves consistent
results. Special abilities in listening, servicing the needs of others, and multi-tasking. Proficient in problem solving,
communicating and prioritizing. Excellent at time management and meeting deadlines.
Relevant Skills
Computer
Proven proficiency in Microsoft Office applications: Word, Excel, Front Page.

Demonstrates adequate typing speeds.
Compile professional letters and reports.
Create and manage news web sites.

Experienced with digital photography and desktop publication.
Demonstrated ability to learn new software programs.
Classroom Management/Teaching
More than 10 years of substitute teaching experience in Los Angeles, San Diego, and Kanawha Counties.
Recognized experience working in urban environments with diverse students.
Great motivator who believes each student will succeed with proper example, leadership, and structure.
Demonstrates great love and respect for students.
Teacher of respect for authority, that teaches students love and respect for each other, as well as themselves.
Believer that each student has unique talents and great potential.
Creative lesson planner who Thinks outside the box.
Demonstrates strong organizational and management skills.
Enthusiastic, upbeat personality that looks forward to each day with students.
Sales
Compiled lists of prospective clients to provide leads for additional business.

Contacted prospective clients and explained features and merits of policies offered.
Calculated and quoted premium rates for recommended policies, using calculator and rate books.
Managed and coordinated daily sales activities.
Directed staffing, training and performance evaluations in order to develop and control sales program.
Advised dealers, distributors and clients concerning sales and advertising techniques.
Developed sales campaigns in order to accommodate goals of company.
Analyzed and controlled expenditures of division in order to conform to budgetary requirements.
Achieved million dollar status in retail computer and audio sales.
Earned Presidents Club membership.
Recognized for exceptional customer service by clients.
2
Management
Managed three grocery stores in San Diego County. Supervised staff of 50 cashiers, stockers, assistant managers.
Regional merchandising manager for more than 30 Color Tile stores statewide in California.
Supervised and scheduled more than 40 crew members.
Managed weekly Los Angeles County newspaper with 5,000 circulation.
Performed as Internet Content Manager for WPDE ABC television station, Myrtle Beach, South Carolina.
Advertising
Planned and executed advertising policies.

Conferred with department heads in order to discuss possible new accounts and to outline new policies and sales
promotion campaigns.
Conferred with newspapers, radio and television stations, billboard advertisers and advertising agencies in order
to negotiate advertising contracts.
Allocated advertising space to departments and products of establishment.
Reviewed and approved television and radio advertisements before release.
Reviewed rates and classifications applicable to various types of advertising and provided authorization.
Directed workers in advertising department engaged in developing and producing advertisements.
Directed research activities concerned and the compilation of statistics pertinent to the planning and execution of
advertising sales promotion campaign.
Authorized information for publication, such as interviews with reporters and articles describing phases of
establishment activity.
Wrote, reported, researched, photographed and published news websites.
Writing
Wrote radio and television news scripts under extreme deadlines in major markets.
Conducted research and made notes to retain ideas, develop factual information and obtain authentic detail.
Organized material and planned arrangement and outline.
Developed factors, such as theme, plot, order, characterization and story line.
Wrote draft of manuscript.
Reviewed, revised and corrected manuscript, then submitted material for publication.
Conferred with publisher representatives regarding manuscript changes.
Edited radio and print news stories while meeting hourly, daily, and weekly deadlines.
Related Work History

Sitel
PutnamLIVE.COM
Kanawha County Schools
Cingular Wireless/AT&T Mobility
Charleston Daily Mail
L.M. Communications Group
Schwans Finer Foods
DLI & Ramsey Insurance Agencies
Cloud 9 Shuttle, Peerless Shuttle
San Diego Telecommunications
El Cajon Eagle, La Mesa Forum
Save-A-Lot Foods
KECR 910 AM Radio
Computer City Supercenters
Dashers Insurance Services
Comp USA Computer Store
Inland Valley Daily Bulletin
Glendora Signal Newspaper
CBS News
KNWZ-1270 AM Radio
Color Tile
Southern California Attorney Service
Customer Service Rep.

Publisher/Photographer
Substitute Teacher
Customer Service Rep.
.
Freelance Council Reporter
Public Affairs Director
Route Manager/Sales
Insurance Sales
Passenger Transport/Dispatch
Team, Quality Assurance Mgr.
Freelance News Reporter
Store Manager
Remote Operations Manager
Sales Specialist
Insurance Sales
Computer Sales
News Reporter/Photographer
Managing Editor/Reporter
News Associate/Researcher
Anchor, Writer, Researcher
Merchandising Coordinator
Court Representative
Huntington, WV
Hurricane, WV
Charleston, WV
Grayson, KY
Charleston, WV
St. Albans, WV
Beaver, WV
Kanawha City, WV
San Diego, CA
San Diego, CA
San Diego, CA
Spring Valley, CA
San Diego, CA
San Diego, CA
Anaheim, CA
Torrance, CA
Ontario, CA
Glendora, CA
Los Angeles, CA
Palm Springs, CA
El Monte, CA
Riverside/San Ber. CA
Education
Rio Hondo Community College
Paralegal Course
California State University
Bachelor of Arts Communications
Pasadena City College
Associate of Arts Communications
Whittier, CA
1992
Fullerton, CA
1988
Pasadena, CA
1983
Certification
National Healthcareer Association
Certified Medical Administrative Assistant
2008
2008 - Present
2003 - Present
2005 - Present
2005 - 2007
2003 - 2007
2003 - 2005
2001 - 2002
1997 - 2001
1996 - 2000
1997 - 1998
1995 - 1999
1996 - 1997
1996 - 1998
1994 - 1996
1993 - 1994
1992 - 1993
1990 - 1991
1989 1990
1989
1988 - 1989
1988 - 1989
1988 - 1989
INTERROGATORY NO.4: Please identify all persons, including their full name(s) and
addressees), known to the plaintiffs or to the plaintiffs' attorneys who were or claim to have
been a witness to the facts or contentions offact identified in your response to Interrogatory No.
2 above.
ANSWER:
Mark Halburn 194 Grace Drive, Hurricane, WV 25526
Dolores Halburn 194 Grace Drive, Hurricane, WV 25526
Carole Shortt Suddenlink, 1036 Quarrier St. Charleston, WV
Lawrence J. Smith 2 nd St. Hurricane, WV 25526 (550-5829)
David Bledsoe Family First Realty Chase Park Teays Valley Rd
Hurricane, WV 25526 (562-2893)
INTERROGATORY NO.5: Please identify each and every rule, regulation, statute, or other
authority applicable to the matters made the subject of the Complaint filed herein which the
plaintiffs or the plaintiffs' attorneys contend was violated or not followed by defendant
Cleveland Construction, Inc., which forms the basis of the allegations against defendant
Cleveland Construction, Inc., if any.
ANSWER:
Other than the now declared unconstitutional ordinance and numerous
citations of case law cited hereinafter, none.
INTERROGATORY NO. 6: Please identify all persons whom you intend to call to give expert
testimony at the trial of this action including, as to each: the full name and address of such
expert; the subject matter on which the expert is expected to testify; the substance of the facts
and opinions to which the expert is expected to testify; a summary of the grounds for each

DOLORES HALBURN and
MARK HALBURN,
Plaintiffs,
v.
Civil Action No. 07-C-298

individually and in his capacity as City Manager
for the City of Hurricane, CLEVELAND
CONSTRUCTION, INC. dba Cleveland
Construction, Inc. Of Nevada, and KANAWHA
STONE COMPANY, INC.,
Defendants.
CERTIFICATE OF SERVICE
I, Patrick T. White, counsel for Defendant, do hereby certify that service of the foregoing
Defendant, Kanawha Stone Company, Inc. 's, Motion for Summary Judgment was made upon
counsel of record this
~'~ay of August, 2008, by mailing a true and exact copy thereof via
first class United States Mail, postage prepaid, in an envelope addressed as follows:
Michael T. Clifford, Esquire (WVSB #750)
Union Building, Suite 300
Paul A. Konstanty, Esquire (WVSB #9210)
Steptoe & Johnson PLLC
Chase Tower/Eighth Floor
P.O. Box 1588
Patrick T. White
{C0074483.! }
70f7
HP.)R.. It.'l~STON
I, }~... ' I U
.
.D.1
./..
Huntington, WV I Ashland, KY
Charleston, WV.JjLouisville, KY
-,.
...0
'k 'r . Wh'Ite, E

'
P atnc
sqmre
,.
~
~
4
'..;.0
Direct Dial: (304) 720-7502

~ "'"
Email: pwhite@huddlestonbolen.com ~.:..~
tf!e~
~\'\
August 29,2008
Re:
--<).
~
.........
\ ft
Donald A. Wright, Clerk

Circuit Court of Putnam County
3389 Winfield Road
Winfield, WV 25213
\
~
Halburn v. Kanawha Stone Company, Inc., et al

Civil Action No.: 07~C~298
Our File No.: 92030~0652
Dear Mr. Wright:

above~referenced matter Defendant, Kanawha Stone
Company, Inc. 's, Motion for Partial Summary Judgment. As evidenced by the Certificate of
Service, copies of the same have this day been served upon counsel of record.
Please find enclosed for filing in the
~~
Patrick T. White
PTW/kas
Enclosure
cc:
Honorable Robert G. Chafin, Judge

Michael T. Clifford, Esquire
Paul A. Konstanty, Esquire
Johnnie E. Brown, Esquire
Huddleston Bolen LLP

{C0074539.1}
707 Virginia Street East, Suite 1300, PO Box 3786, Charleston, WV 25337-3786
Tel: 304/344-9869 Fax: 304/344-4309 www.huddlestonbolcn.colll

Motion For Summary Judgement by Kanawha Stone Containing The Deposition and Resume of Mark Halburn

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Motion For Summary Judgement by Kanawha Stone Containing The Deposition and Resume of Mark Halburn

Uploaded by

Copyright:

Available Formats

~

IN THE CIRCUIT COURT OF PUTNAM COUNTY, WEST VIRGI~,:

Civil Action No. 07-C-298

CITY OF HURRICANE, WEST VIRGINIA,

Mark Halburn testified at his

discovery concerning the Plaintiffs' allegations of annoyance, inconvenience, mental anguish,

Additionally, a property owner may recover

annoyance and inconvenience caused by the temporary nuisance.

Accordingly, whether a nuisance can be terminated is

determinative of whether it is permanent or temporary in nature.

Thus, the Plaintiffs have asserted a

Pursuant to several refinancings and presumably corresponding appraisals, the

thousand dollars more as commercial property. Mr. Halburn testified:

What do you think the value of the house is?

And who, who's told you this?

Mike Hall, Dave Bledsoe.

and it increased dramatically after the Wal-Mart was built.

Mary H. Sanders, Esquire (WVSB #3084)

VIDEOTAPED DEPOSITION OF MARK VANCE HALBURN,

JULY 23, 2008

IN THE CIRCUIT COURT OF PUTNAM COUNTY, WEST VIRGINIA

CITY OF HURRICANE, WEST VIRGINIA,

Videotaped Deposition of MARK VANCE HAL BURN ,

the State of West Virginia.

f011 b12a-1 cae-4351-a011-04e1 c42b5e3c

VIDEOTAPED DEPOSITION OF MARK VANCE HALBURN,

JULY 23, 2008

On behalf of the Plaintiffs:

has commenced and we are now on the record.

specialist with Accurate Reporting, Court

Reporting, Incorporated, whose address is 26

JULY 23, 2008

On behalf of Kanawha Stone Company, Inc.:

VIDEOTAPED DEPOSITION OF MARK VANCE HALBURN

in Punta Gorda, Florida, ZIP code 33983.

On behalf of City of Hunicane,

On behalf of Cleveland Construction, Inc.:

for the record stating your name, address and

f011 b12a-1cae-4351-a011-04e1 c42b5e3c

VIDEOTAPED DEPOSITION OF MARK VANCE HALBURN,

JULY 23, 2008

A. No, it did not.

Q. With the Putnam County Sheriff's

VIDEOTAPED DEPOSITION OF MARK VANCE HALBURN,

JULY 23, 2008

Q. And what is that business?

your schooling was in California?

A. I have a number of them. Stan

Coniffis my direct. We don't work the same

f011 b12a-1 cae-4351-a011-04e1 c42b5e3c

VIDEOTAPED DEPOSITION OF MARK VANCE HAL BURN ,

JULY 23, 2008

Q. How long haye you worked at Sitel?

A. I didn't publish that.

much too light of a sentence for somebody

~,,,,,~",,,,,,,j,,,,,,w:.~',,c.l"';.l''':'<''(' ,,"'~,,~,\.t''''''(~j''''I-'', :..;:"'......'-~"'.W'__4..,;.J.).....,,;~,";>l."'''' ......... ;W.,).~I; ....''''..; i.S;~

~4~~;';;'tl-, ~~,'I>~ ....A"~~;.."m.~,~,:~~

VIDEOTAPED DEPOSITION OF MARK VANCE HALBURN,

JULY 23, 2008

and every other legislator for months prior

Is that your first job?

i-;<~"oI#.O.'''''',Hi:!nM_fi? ~~~>I\'/.;'''~.W-''''''-''=''-~WW)l.;:"~~,,,~~~, ~:iJ~t;.};.'>!.;;t=';i).>'.>'f~;(.I""",~:.,.",,;,N';'I~i;":''j:''''.:>i;\; ;.,;,,'$~".,>,.,.:.,-,).).~\,.,"{,.<

East County Security Systems?

~4;';;'tl-, ,'I>~ ....A"~~;.."m.~,~,:~~

i-;<~"oI#.O.'''''',Hi:!nM_fi? ~~~>I\'/.;'''~.W-''''''-''=''-~WW)l.;:",,,~, ~:iJ~t;.};.'>!.;;t=';i).>'.>'f~;(.I""",~:.,.",,;,N';'I~i;":''j:''''.:>i;\; ;.,;,,'$~".,>,.,.:.,-,).).~\,.,"{,.<

Ni.,-,..iY""",~,,';""''''k.t'~''~i;>:if..,.n=>'I<>~Il/~l'''W''''''')'~ri~''' ~':..""""""'Ai: ... ,;;,<~

~~c.:.~,.U:K.";''J.>M:,~$..:uW'.~_>l.i'_.,.",\><..~I,~.>a'.iti.tr'-';;~G.~I.t.<.''''im;:;4V.l:h.~\I>''''~:'',,:";~,~ . ;:>lW"'m.v...)""lM1i>~"',").l.:l.!.,"",h\\,~.,"lIi ii<1.r.v~_"",,.a;:~"'41$;.;o..."\CCi"-n..~ntt'i~u~'l':~IW>:t.!<.~~"' <,,~i