Neighbors say vibrating machinery is excessive

Kelly Holleran Oct. 29, 2009, 4:18am

Three Belleville residents claim a vibrating machine at a neighboring business has caused damage to their properties.

Florence Wamser, George Tutza and Thomas Malear filed a lawsuit Oct. 23 in St. Clair County Circuit Court against Roc Ind Inc..

The plaintiffs allege Roc Ind installed a certain piece of machinery on its property in January 2004 that removes burrs from cut metal and smoothes out the steel.

According to the complaint filed Oct. 23 in St. Clair County Circuit Court, the machine causes vibrations that permeate buildings surrounding Roc Ind located at 1218 West A St. in Belleville.

The vibrations are so excessive that the plaintiffs are no longer able to enjoy their properties, the suit states.

In addition, the vibrations have caused crumbling of brick walls, plaster walls, ceilings, concrete and cement on surrounding buildings, the complaint says.

"The gravity of the harm to Plaintiff's property outweighs the utility of Defendant's use of this machinery, and in that the use of this machinery at this location, a residential neighborhood, is unreasonable," the suit states.

In the three-count suit, the plaintiffs are seeking a judgment of more than $150,000, plus costs, attorneys' fees and other costs the court deems just.

Patricia L. Dennis of Edwardsville will be representing them.

St. Clair County Circuit Court case number: 09-L-572.

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