ERIE – An Ohio corporation alleges that a part of the Defense Logistics Agency failed to restore a leased property to an unimpaired condition after terminating the lease.

Wheeling & Lake Erie Railway Co. filed a complaint on June 22 in the U.S. District Court for the Western District of Pennsylvania against Defense National Stockpile Center alleging specific performance and breach of contract.

According to the complaint, the predecessors-in-interest of both parties entered into a real estate lease in 1956. The suit states that pursuant to that the lease, the defendant stockpiled "thousands of tons of materials" on the property. The plaintiff alleges the defendant terminated the lease in 2016 and removed the materials, but destroyed the property by creating depressions that have turned into ponds.

The plaintiff holds Defense National Stockpile Center responsible because the defendant allegedly breached their contractual agreement by refusing to restore the property to an unimpaired condition.

The plaintiff seeks judgment against the defendant in an amount that exceeds $75,000 plus interest, court costs and any further relief the court grants. It is represented by Kathleen Jones Goldman and Bradley J. Kitlowski of Buchanan Ingersoll & Rooney PC in Pittsburgh.

U.S. District Court for the Western District of Pennsylvania case number 2:17-cv-00827-CB

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U.S. District Court for the Western District of Pennsylvania
17 S Park Row
Erie, PA 16501

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