Alton company sues neighboring business over water runoff

By Andrea Dearden | Nov 26, 2013


An Alton turbine company says its building has been damaged by a neighboring business that allegedly diverted water onto its property.

Midwest Turbines LLC filed a lawsuit Nov. 15 in Madison County Circuit Court against Ziemer USA Inc., Angela Bragg and David Bragg.

According to the complaint, Midwest Turbines has been located in the 600 block of East Broadway for the past seven years. For the past three and a half years Ziemer has owned and occupied the commercial property next door, according to Midwest Turbines.

The petition says the properties are separated by a grass strip and a north-south running concrete sidewalk, an area owned by Ziemer. Midwest Turbine contends the defendant's property sits at a higher elevation and several years ago rainwater from Ziemer's property would flow south over the grass section and concrete sidewalk to Third Street.

However, since taking possession of the property next door, Ziemer has allegedly built a loading ramp at the north end of its building and has added air conditioning units to the grass median. Midwest Turbine claims both alterations have diverted rain water to the west wall of its building, allowing it to collect, freeze and thaw and put added pressure to the wall and its foundation. The standing water has allegedly caused cracks and leaks into the building, leading to interior damage.

Midwest Turbine says it has repeatedly asked Ziemer's president and manager, David and Angela Bragg, to restore the natural flow of the surface water but they been refused. Midwest Turbines accuses Ziemer of negligence, continuing trespass and nuisance. The company asks for a court order to remedy the diversion of the surface water and a judgment of more than $600,000 for damages to its property and costs of the lawsuit.

Attorney John Dale Stobbs of Alton represents Midwest Turbines.

Madison County Circuit Court Case No. 13-L-1916

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