Madison County alleges a property owner’s damages were caused by her own conduct and misuse of her property in a suit alleging property damage from storm water runoff.
Jamie Betzinger filed her complaint on Aug. 22 gainst Madison County and Jerry Mocaby.
In her complaint, Betzinger alleges the overflow of storm water runoff has caused damage to 2016 Kensington Place in St. Jacob. Betzinger bought the property in 2014. She alleges Madison County and Mocaby approved and maintained a storm sewer management system that alters the natural flow of storm water volume, concentration and velocity.
By collecting the storm water runoff and rerouting it at an unnatural focal point, the water allegedly overflows and invades Betzinger’s property, the suit states.
Betzinger alleges the defendants failed to pay just compensation equal to the fair market value of her property.
Madison County answered the complaint on Sept. 28 through attorneys Philip Lading and John Gilbert of Sandberg Phoenix and von Gontard in Edwardsville.
The defendant argues that Betzinger failed to exercise ordinary care to prevent or limit any injuries by an “open and obvious” condition and her alleged injuries were the result of her own conduct and misuse of her property.
Betzinger seeks a judgment of at least $50,000, attorney’s fees and court costs.
She is represented by Jarod Beasley of Kuehn, Beasley & Young PC in Belleville.
Madison County Circuit Court case number 16-L-1180