Water flow suit against neighbor in court

Steve Gonzalez Oct. 19, 2005, 5:53pm

A property owner's suit involving an improper water flow against her neighbor will be heard in Circuit Judge Nicholas Byron’s courtroom Oct. 26, for a case management conference at 9 a.m.

Dr. Sharenas Ghoneim, who resides at 5212 Godfrey Road, filed a five-count suit Dec. 13 alleging that the Northland Sonic restaurant raised the land on its lot over its natural level during construction at 5214 Godfrey Road in March 2000.

Restaurant owners Gary and Elizabeth Simons are being sued for more than $250,000 in damages by Ghoneim.

The rise in the land level altered the flow of surface water from the defendants' property onto the property Ghoneim owns, according to the complaint.

“Defendants failed to take adequate measures in the construction and alteration of its property to avoid water runoff and flooding in surrounding areas,” the complaint states.

Ghoneim claims that the defendants specifically failed to create a ditch to capture water runoff, as required, between its lot and her property. A holding pond at the end of the ditch to capture water runoff also could have been created to prevent the problem.

As a result of the defendants' land alteration, Ghoneim claims her property is now situated lower than the defendants, causing an increased amount of water to flood and stand.

"The water from defendants’ property constitutes a substantial invasion of Ghoneim’s use and enjoyment of its land,” the complaint states.

Ghoneim claims she has suffered substantial property damage and decreased ability to use and enjoy her land.

Ghoneim is represented by Thomas J. Lech of Collinsville. The Simons are represented by David Antognoli of Edwardsville.

04 L 1364

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