'Aesthetically unacceptable' landscaping is subject of suit

Kelly Holleran Dec. 16, 2009, 4:00am

A trust fund says it has been forced to incur more than $50,000 to fix an allegedly unprofessional landscaping job completed by Shinn Diggers Landscape.

The Catherine Zalewski Revocable Trust claims it hired Dustin and Melanie Shinn of Shinn Diggers Landscape to perform landscaping work at 320 Brittana in Swansea. More specifically, the trust wanted the landscapers to construct a driveway and sidewalks made of manufactured stone, an electronically controlled and powered snow and ice melting mat to be installed under the driveway and sidewalks, raised planting beds, stone pedestals and a mailbox, according to the complaint filed Dec. 14 in St. Clair County Circuit Court.

However, after the project was completed, the trust says it noticed the snow and ice melting mats were dangerous because they were not installed correctly. In addition, the plants installed by the landscapers were diseased; the retaining walls were not constructed in a stable manner; the installation of slate at the front entryway was "aesthetically unacceptable;" and the stone pedestals and mailbox were not designed per specifications, the complaint says.

"Plaintiff has notified the defendant on multiple occasions of the above mentioned defects, all of which required a cure, but in no instance have the defendants corrected any defect, and as a result, Plaintiff has had to retain various contractors and building trade professionals to remedy and cure these defects," the suit states.

The Catherine Zalewski Revocable Trust says it will cost more than $50,000 to remedy the various problems.

In the two-count suit, the trust is seeking compensatory damages of more than $50,000, plus more than $25,000 in consequential damages and costs. In addition, it is seeking unspecified actual and exemplary damages, plus other relief the court deems just.

It will be represented by Timothy J. Bates of Belleville.

St. Clair County Circuit Court case number: 09-L-663.

More News