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Tuesday, January 12, 2010
Ind. Decisions - "Valpo couple wins flooding suit judgment "
Bob Kasarda reports today in the NWI Times:
VALPARAISO | A local couple recently won a default judgment against the city in a lawsuit over flooding in their home at 1804 Silhavy Road.But the victory might be short-lived.
The city intends to seek a reversal of that judgment, said David Hollenbeck, city attorney.
Porter Superior Judge Roger Bradford granted the default judgment at the request of the couple's attorney, Mike Harris, who argued the city had failed to respond to his client's complaint within the 23-day required period.
A hearing is scheduled for March 18 to determine how much the city is to pay for damages.
Hollenbeck said the deadline was missed because of confusion between his office and the city's insurance provider.
The civil suit was filed by Richard and Janet Brown, who claim the lower level of their home was covered with more than 2 feet of water during a heavy rain Sep. 13, 2008.
Their suit claims the flooding occurred because the city dammed up the natural drainage in the area when it created a retention pond on an adjacent site. The home, patio and storage barns are reportedly about 2 to 3 feet lower than the drainage level established for the retention pond.
The city also had been sued by the owners of Schultz Floral Shop, 2204 Calumet Ave., who blame Valparaiso infrastructure improvements for causing flooding on their property Sept. 13 and 14, 2008.
In the more recent suit, the Browns claim the flooding caused $91,679 in out-of-pocket damages to their property and the ongoing cost of battling recurrent mold. The flooding also hurt the value of the house -- the owners are required to disclose the property's potential to flood to any prospective buyers.
The Browns said they tried a few times to resolve the issue with city officials, but were denied any relief.
Posted by Marcia Oddi on January 12, 2010 11:02 AM
Posted to Ind. Trial Ct. Decisions