The City of Edwardsville argues that property owners failed to take reasonable steps to repair their property or minimize damage in a suit alleging the plaintiffs’ land was damaged by construction of a new public park.
Plaintiffs Janet and John Long filed the complaint on Feb. 1 against the City of Edwardsville, alleging they own approximately 46.81 acres of land located on Long Branch Drive in Edwardsville. The city owns three adjoining parcels of land, totaling approximately 77.13 acres. The plaintiff’s property has a creek, which extends from the southern property line to the north and connects to a pond and a lake on the property.
The Longs claim that on Feb. 5, 2019, Edwardsville City Council approved plans to construct a public park on the defendant’s property. Prior to the park’s construction, the city’s property was used for agriculture and water runoff would drain north and into the plaintiff’s creek. The suit alleges the property “had the effect of limiting erosion of dirt and sediment from defendant’s property into plaintiffs’ creek.” When the park construction began, roughly 67.41 acres of the defendant’s property was cleared and excavated.
On Aug. 20, 2019, resource conservationist and erosion professional Rick Macho visited the property and provided a report to county engineer Ryan Zwijack regarding work that was expected to be completed. Macho allegedly directed Edwardsville to “address these concerns as soon as possible to avoid a non-compliance letter.”
The suit states that by Sept. 30, 2019, the agreed upon work had not been completed. The plaintiffs allege that from January 2020 through April 2020, the northeast section of the defendant’s property was bare soil and had not been seeded or mulched, causing sediment to accumulate in the storm water basin near the northeast corner of the Longs’ property. The discharge pipe from the storm water basin also accumulated sediment.
Additionally, the silt fence placed along the defendant’s property was down and failed to contain dirt and sediment transported by rainwater to the plaintiffs’ creek. As a result, dirt and sediment was transported onto the plaintiffs’ property and into the creek, pond and lake.
“Plaintiffs’ pond and plaintiffs’ lake have suffered substantial silting as a result of defendant’s failure to contain the dirt and sediment to its own property,” the suit states.
The Longs also claim Edwardsville removed trees and shrubs from their property without permission or authority and placed riprap and gravel on their property without permission.
As a result of Edwardsville’s alleged conduct, the Longs claim trees located along their creek have died due to higher water levels, rising water levels behind their home have caused backups in pipes coming to the home, the access path on the East side of the property has been washed away, trails remain flooded, water from Goshen road flows onto the property and survey stakes have been removed.
“The invasion of plaintiffs’ property by dirt, sediment, and construction debris from defendant’s property is the direct result of defendant’s failure to prevent such intrusion,” the suit states. “Specifically, defendant caused the invasion of plaintiffs’ property by failing to seed and mulch areas of bare soil throughout the City Park construction site, and replace or repair the silt fence placed along the north east (sic) section of defendant’s property.”
Edwardsville answered the complaint on April 23 through attorney Charles Pierce of Pierce Law Firm PC in Belleville, denying liability.
In its affirmative defenses, Edwardsville argues that the plaintiffs failed to mitigate their damages by failing to use reasonable efforts to repair their property or take steps to minimize damage.
The Longs filed a reply to the affirmative defenses on May 6 through attorney Zachary Shelton of Goldenberg Heller & Antognoli PC in Edwardsville. They deny the allegations against them.
Madison County Circuit Court case number 21-L-140