A Godfrey Sonic restaurant and its owners, Gary and Elizabeth Simons, are being sued for more than $250,000 because water runoff is flooding a neighbor's property.

Dr. Sharenas Ghoneim, who resides at 5212 Godfrey Road, filed a five-count suit Dec. 13 in Madison County Circuit Court alleging that during the Northland Sonic's construction at 5214 Godfrey Road in March 2000, the defendants raised the land on its lot over its natural level.

The rise in the land level altered the flow of surface water from the defendants' property onto the property Ghoneim owns, according to the complaint.

“Defendants failed to take adequate measures in the construction and alteration of its property to avoid water runoff and flooding in surrounding areas,” the complaint states.

Ghoneim claims that the defendants specifically failed to create a ditch to capture water runoff, as required, between its lot and her property. A holding pond at the end of the ditch to capture water runoff also could have been created to prevent the problem.

As a result of the defendants' land alteration, Ghoneim claims her property is now situated lower than the defendants, causing an increased amount of water to flood and stand.

"The water from defendants’ property constitutes a substantial invasion of Ghoneim’s use and enjoyment of its land,” the complaint states.

Ghoneim claims she has suffered substantial property damage and decreased ability to use and enjoy her land.

Ghoneim is represented by Thomas J. Lech of Collinsville. The case has been assigned to Circuit Judge Nicholas Byron.

04 L 1364

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