BENTON – Homeowners who sued local governments for better sewers captured the attention of U.S. Senators, but it took a default motion to capture the attention of defendant Centreville Township.
Township counsel Michael Wagner answered the suit on Aug. 13, two hours after plaintiffs Cornelius Bennett and Earlie Fuse moved for entry of default.
Plaintiff counsel Nicole Nelson argued in the default motion that the township’s failure to answer demonstrated the way it fails to carry out its duty to divert storm and sewer overflows from its defunct infrastructure to properties of plaintiffs.
Nelson attached an exhibit showing township supervisor Curtis McCall Sr. accepted service for the township on June 18.
The complaint was filed on June 5, seeking court authority over Commonfields of Cahokia water district, the township, and city of Centreville.
Nelson wrote that her clients were adamant in their desire to remain in their homes, and they wanted to enjoy their properties without the stench.
She sought substantive resolution but no damages.
On July 16, Senator Tammy Duckworth met with Nelson and residents.
On July 24, attorney Blake Meinders answered the complaint for the city of Centreville and mayor Mark Jackson.
Meinders argued the complaint conflicted with previous claims or actions of plaintiffs, a statute of limitations ran out, and plaintiffs unreasonably delayed in making the claim.
He admitted some allegations, denied some, and claimed some weren’t directed at his clients, all without comment.
On the same date Mark Scoggins offered broader admissions in an answer for Commonfields, board chairman McCall, and director Dennis Traiteur.
“Defendants admit that there have been some overflows and storm water flooding to some residences of Centreville for many decades not just during the tenure of the defendants,” Scoggins wrote.
“Further, the defendants deny that the plaintiffs are a microcosm of a much larger broken system.”
Scoggins admitted the infrastructure is severely underfunded, and admitted McCall receives notice of issues in the township through his position as Commonfields chairman.
“Defendant McCall admits there was a flooding problem in some areas of the district at times,” he wrote.
He admitted lift station repairs solved some but not all the problems, and admitted there has been sewage overflow for 50 years.
“Commonfields has been aware of these problems in the past that they have addressed to the extent that they are able to,” he wrote.
“Defendants admit that plaintiffs may have experienced some tribulation from flooding but to the extent that it is categorized as suffering, defendants demand strict proof thereof.”
On July 28, Duckworth and Senator Dick Durbin asked the U.S. Environmental Agency to intervene.
“The issues plaguing this community require immediate action,” they wrote.
Nelson filed for default against the township on Aug. 13, at 1:39 p.m., asking to hold it accountable for lack of diligence and compliance.
Wagner entered an appearance for the township and administrator Lamar Gentry at 3:52 p.m., and answered the complaint at 3:55 p.m.
Among his 139 responses to specific allegations, all but 12 matched the responses Scoggins filed for Commonfields and McCall.
Wagner did not join their admission that they addressed problems to the extent they were able to.
He deflected McCall’s admission that there was flooding by claiming the allegation wasn’t directed at the township.
Senior District Judge Phil Gilbert presides.