O'Fallon homeowners' suit over sewer backup set for conference

Amelia Flood Sep. 28, 2010, 11:13am

A status conference is on in a suit filed last September over raw sewage a couple claims backed up from O'Fallon's sewers into their home.

The city claims it is not liable for the backup and that plaintiffs Tamara and Douglas Morton did not properly maintain their lateral sewer line.

According to an order entered Sept. 21, the case is set for a status conference Nov. 22 at 9:30 a.m.

The suit is one of several filed last year after heavy storms left a number of homes in the Metro East with sewage backups.

Other similar suits are pending in neighboring Madison County as well.

In their suit, the Mortons allege that O'Fallon did not maintain its stewer system, did not inspect or repair the system. They also claim the city violated both its own ordinances and sections of the state's Environmental Protection Act.

They claim the faulty sewers led to raw sewage backing up into their O'Fallon home, causing annoyance and other hardships.

The Mortons are seeking at least $50,000 in damages.

The city, in its answer, contends that the Mortons did not properly maintain their lateral connection to the sewer system and that the city is not responsible for the back-up their negligence caused.

According to the Sept. 21 order, discovery is ongoing in the suit.

St. Clair County Circuit Judge Patrick Young presides.

Hrant Norsigian Jr. represents the plaintiffs.

The case is St. Clair case number 09-L-510

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