Property owner claims Thiems Construction caused drainage problems

Kelly Holleran Sep. 15, 2009, 8:43am

An Edwardsville man has filed suit against Terry Thiems, Tad Thiems, Thiems Construction, Roxana Landfill and Allied Waste Services, claiming that drainage is flowing into his yard after recent grading work.

James C. Fowler, who owns property at 5249 Old Alton-Edwardsville Road, says Roxana Landfill and Allied Waste performed grading work on its property. The work altered the natural flow of drainage across the Thiems property, according to the complaint filed Sept. 3 in Madison County Circuit Court.

The Thiems also constructed improvements on their property, including grading work, causing drainage from Allied Waste to flow across the Thiems' property and onto Fowler's property, the suit states.

"That as a result of said change in the flow of drainage, the plaintiff Fowler's land has been damaged and continues to be damaged," the complaint says.

In addition, Fowler claims he has incurred costs to clean up the mud and debris that float onto his property, to remove mud from his building and to remove dirt and mud that flowed into his pool.

He says drainage problems will continue to exist unless the Thiems, Thiems Construction, Roxana Landfill and Allied Waste are restrained from continuing to alter the flow and unless Roxana Landfill and Allied Waste are ordered to restore the drainage lagoon.

Not only has Fowler been forced to deal with the drainage issue, but he says he also must endure air pollution caused by dust created from trucks leaving the Roxana Landfill.

"That the defendants WASTE in its operation fails to provide any cleaning on the vehicles leaving its properties by its agents, employees and customers so that from and after April of 2009 mud and debris have been tracked out of defendant WASTE'S property onto Cahokia Creek Road and then onto the Old Alton-Edwardsville Road in Edwardsville, Madison County, Illinois, in front of the property of the plaintiff FOWLER," the suit states.

Because the road is so narrow, the debris creates a hazard as vehicles are required to leave the road at high rates of speed, the complaint says.

"That such conduct constitutes a nuisance and unreasonably interferes with the enjoyment of life of the plaintiff," the suit states. "That in addition, the defendant WASTE fails to timely cover the deposits to its landfill causing a stench, thereby unreasonably depriving plaintiff of the use of his premises, the enjoyment of life and an healthful environment."

In the six-count suit, Fowler is seeking a judgment of less than $100,000, plus costs. He is also asking the court to order Roxana Landfill and Allied Waste to operate their businesses so that trucks do not drag debris and mud onto public roads.

He will be represented by Harry J. Sterling of Sterling and Dowling in Fairview Heights.

Madison County Circuit Court case number: 09-L-922.

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