Mudge sets trial date in couple's claim they have been unable to rent house

Christina Stueve Jun. 29, 2012, 9:18am


Madison County Circuit Judge William Mudge on June 27 scheduled a non-jury trial for Nov. 12 in a couple's claim that they have been unable to rent out a house they purchased because of flooding issues that should have been disclosed prior to the sale.

Mudge scheduled the final pre-trial for Nov. 8.

Donald and Vickie Wilson filed a lawsuit Jan. 14 in Madison County Circuit Court against Donald and Peggy Shank and Terry Allan, doing business as Allan Auction Services.

The Wilsons claim they purchased property in Collinsville on April 9, 2009, for $33,250 during an auction.

Before the property's sale, the Shanks owned it and hired Terry Allan to assist them in the auction, according to the complaint.

The Wilsons purchased the property with the intent to rent it out, but they discovered the back and side yard of the house flood on a regular basis rendering it unable to be used because of standing water that fails to properly drain, the suit states.

"That the extensive flooding in the yard has caused water to fill the crawl space of the home and the garage," the complaint says. "That because of the flooding in the backyard, Plaintiffs have been unable to rent the property, which was their sole intention for purchasing the Subject Property."

While the Shanks lived in the home, the city of Collinsville dug ditches behind the property to help with drainage issues, the Wilsons claim.

The Wilsons seek an unspecified judgment, an order the contract is terminated and an order that they be refunded their full purchase price and any money they have spent since buying the property including labor and loss of rent of $60,000.

Alicia J. Downs of the Law Office of Alicia J. Downs in Edwardsville will be representing them.

H. Carl Runge Jr. of Runge and Lech is the attorney for Allan.

Madison County Circuit Court case number: 10-L-33

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