Granite City subdivision owners' drainage suit set for trial Monday

Amelia Flood Apr. 1, 2010, 5:53am


A group of property owners' eight year-old suit over drainage issues will go to trial Monday.

The case against the developers of a neighboring subdivision and Madison County had been set to go to trial last year.

Plaintiffs Darla Bauer, William Smith, Vicky Davis and Pamela Winn are suing Zora Lesko, Fred Hardesty, Jerry Hardesty, Phyllis Hardesty Morris Realty Company, the Metro East Sanitary District, Madison County Special Service Area and Madison County for counts of trespass, nuisance and obstruction of drainage.

Zora Lesko's husband also is named as a defendant in the case, however, he is deceased.

Madison County Circuit Judge Barbara Crowder, who presides over the case, denied moves by Madison County and Zora Lesko seeking summary judgment March 18.

The suit was originally filed in 2002.

In its fourth amended complaint filed five years later, the plaintiffs contend that the Leskos never properly installed draingage easements between the Lesko subdivision and the Greenway Village Addition in Granite City. All of the plaintiffs own or owned property in the two developments.

The Special Service Area later installed sewers, pipes, pumps and other water infrastructure in the easements.

The plaintiffs claim that as a result of the obstructed easements and Madison County's installations, their properties were flooded after rainfalls.

They are seeking injunctive and other relief.

Madison County, acting for the Special Service Area, asked for summary judgment alleging that evidence showed the properties flooded long before the equipment was installed.

It asked for that move in February.

The plaintiffs are represented by Francis Duda.

Zora Lesko is represented by Debra Meadows.

The Hardestys do not have representation listed.

The Morris Realty Company is acting pro se.

The Metro East Sanitary District is represented by James Cook.

Madison County is represented by Donald Smith.

Defendant David Clements was dismissed from the case in January 2009.

The case is Madison case number 02-L-846.

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