Middletown landlord sues Miami Conservancy District for $1.5M

Jeff Faulkner http://pa.butlercountyclerk.org/VsgPublicAccess/imageview.aspx?CBBCE62D56A8B2C6CD64BD31AE914DAE36F616F61C447EB22881B5F3107046F23F7219BD34A94E8CD2DF6EF879752F684D3B4E97ECFFEAEAC9DBF0FC44F133BE" rel="nofollow - filed a lawsuit last month in Butler County Common Pleas Court against the Dayton-based conservancy district because it failed to maintain the Hydraulic Canal, which flows from the Great Miami River north of Middletown through the city and back to the river at the Bicentennial Commons.

The suit contends that a back flow of sewer water pools on his property, Northgate Condominiums at 2968 Wilbraham Road, and causes water to stand at 5 to 6 feet deep.

“As a result … the back flow and standing sewer water has created and continues to pose a safety and health hazard” to the property and residents, according to the suit. Faulkner, who resides at the 80-unit condominium complex, claims in the suit he’s spent $60,000 to fix issues caused by the flooding.

Miami Conservancy District spokeswoman Brenda Gibson said they have received the complaint but the district’s attorneys have not had a chance to review the lawsuit. The lawsuit, filed on Nov. 20, was delivered by certified mail on Nov. 27, according to court records. http://pa.butlercountyclerk.org/VsgPublicAccess/imageview.aspx?391F39BED4D49AD7E909D8623E4405C2BF64294895A08B87D2C8F05DE0C2BA8782A1C3714ABE6931E6CE758863B99836A6C55A813ED5812286391BE7EFD49C6B" rel="nofollow - The district has 28 days to respond , also according to the records.

The conservancy district was established about a century ago. Its core mission is flood protection, but the organization does help preserve the quality of water through monitoring, testing and education; promote recreation along rivers and streams; owns or maintains 35 miles of recreation trails; and bring together state and federal funds to leverage local dollars.

According to Faulkner’s suit, a head gate north of the city maintained by the conservancy district had failed and water flow from the Hydraulic Canal “became stagnant and could no longer flow (back) to the Great Miami River.” And despite attempts to maintain the area around that head gate the conservancy district “has unreasonably obstructed the natural and customary flow of sewer water simultaneous preventing the flow.”

The Hydraulic Canal, which was built in 1852, was used for the paper industry in Middletown, according to Middletown Historical Society records. A dam, which was used to divert water from the Great Miami River to the Hydraulic Canal, broke in 1993 and it was never repaired.

A small amount of water still flows from the canal.

In addition to recouping that $60,000, plus attorneys fees, the Middletown landlord is seeking $500,000 each in three claims which accuse the conservancy district of: “irreparable harm” for its “actions and/or omissions,” maintaining an unreasonable alteration of the natural water flow causing it to back flow and pool on his property, and an encroachment on his property.

The MCD lawsuit

The Miami Conservancy District has been sued by Middletown landlord and resident Jeff Faulkner. Here is what the suit claims:

• the Conservancy District has allowed water from the Hydraulic Canal to impede and flow onto an adjacent property;
• the flooding from the Hydraulic Canal has caused a nuisance for Faulkner;
• the Conservancy District has breached its duty by not maintaining a reasonable alteration of the natural flow of water which resulted in the flooding of Faulkner’s property
• the flooding “constitutes a continuing encroachment and trespass” on Faulkner’s property; and
• Faulkner has spent more than $60,000 to fix the issues caused by the flooding

Source: Northgate Condominium Association, et al., v. the Miami Conservancy District