Dan Harkins Jun. 5, 2015, 12:06pm


A homeowners association is suing the city of Belleville for allegedly failing to perform improvements to the Loop Creek Channel.

According to a lawsuit filed on April 23 in St. Clair County Circuit Court, the Orchards Homeowners Associations of Belleville filed a complaint against the City of Belleville.

On July 18, 2005, the lawsuit states, Belleville and the Orchards agreed in a contract that the city would make various changes to an unnamed tributary of the Loop Creek Channel in return for the Orchards inspecting and maintaining the project area. Specifically, the city placed fill dirt, constructed culvert crossings, built two storage mitigation areas and upstream detention areas, cut trees, and established a concrete weir structure to divert water from the creek, the lawsuit states.

However, the City of Belleville "failed and/or refused to perform the work for the modification and/or improvement to the unnamed tributary to the Loop Creek Channel," the suit states.

The plaintiff seeks damages equal to the cost of those improvements, an estimated $897,162.75, plus costs. The plaintiff is represented by B. Jay Dowling of Sterling and Dowling PC in Fairview Heights.

St. Clair County Circuit Court case number 15-L-239.

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