EAST ST. LOUIS – Commonfields of Cahokia water district no longer exists but citizens can pursue a claim that it failed to protect them from floods of water and sewage, U.S. District Judge David Dugan ruled on Nov. 14.
He denied a motion to dismiss Commonfields from a suit that Centreville Citizens for Change and 31 individuals filed.
Commonfields argued it had no capacity to be sued but Dugan found the question of capacity didn’t implicate his jurisdiction.
Dugan found plaintiffs weren’t required to provide specific allegations about capacity.
He found it appropriate to address the issue by separate motion after pleading and additional discovery.
He also denied motions to dismiss claims against the city of Cahokia Heights and the Metro East Sanitary District.
He found plaintiffs alleged that a test of a storm drain revealed the presence of fecal coliform 97 times higher than the state’s standard.
St. Clair County Chief Circuit Judge Andrew Gleeson dissolved Commonfields last December as the final step in a merger that created Cahokia Heights.
Commonfields had transferred its assets to Cahokia Heights in June 2021.
In July 2021, Centreville Citizens for Change and the 31 residents sued Cahokia Heights, Commonfields, and the sanitary district.
Plaintiffs alleged that the former Cahokia and Commonfields systems neglected their system and that neighborhoods suffered from sewage pools and spews.
They claimed sewage accumulated in yards and roadside ditches, and that it backed up into tubs, toilets, and sinks.
They claimed it damaged homes, disrupted lives, and flowed into tributaries of the Mississippi River.
They amended the complaint three times, most recently in March.
The complaint sought relief from Commonfields and Cahokia Heights under the national Clean Water Act.
It asserted claims of negligence and negligent trespass under state law against Commonfields and Cahokia Heights relating to sewage.
It asserted claims of negligence and negligent trespass against Cahokia Heights and the sanitary district relating to storms.
It asserted claims of taking against Cahokia Heights and the sanitary district under state and national constitutions.
It alleged private nuisances against Commonfields and Cahokia Heights relating to sewage contamination and storm drainage.
It alleged public nuisance against Cahokia Heights and the sanitary district relating to storm flooding.
Cahokia Heights and the sanitary district moved to dismiss it, objecting to its length and to information they called irrelevant.
Commonfields moved to dismiss for lack of capacity and plaintiffs responded that it was subject to continuing liability under state law.
They claimed it still had insurance to cover damage claims.
They also alleged that Commonfields didn’t explain irregularities in its dissolution or detail how it consolidated with Cahokia Heights.
Dugan rejected the capacity argument and expressed interest in the dissolution, finding it wasn’t clear whether plaintiffs intended to challenge it.
He quoted a doctrine that lower federal courts can’t review state court judgments.
He found plaintiffs stated they would explain how irregularities in the process could impact their ability to obtain relief.
"Thus, the court finds it appropriate to address any issues related to the validity of the dissolution proceedings, to the extent they are raised, when it addresses Commonfields’s capacity defense or if plaintiffs otherwise interject a direct challenge to the dissolution proceedings in support of their claims,” Dugan wrote.
He also rejected criticism of the complaint from the other defendants.
He found it wasn’t short or plain but it was intelligible and precise enough.
“Indeed, some claims, like the ones here, require more complex pleading due to the legal theories involved and the multiple parties and claims presented,” he wrote.
Nicole Nelson of Belleville and Kalila Jackson of St. Louis represent the 31 individual plaintiffs.
Anna Sewell of the Earth Justice firm in Washington represents Centreville Citizens for Change.
Ann Barron and Maria Mengarelli of Edwardsville and Greg Kinney of St. Louis represent Cahokia Heights.
Colter Kennedy of Edwardsville and Eric Krauss of St. Louis represent Commonfields.
James Godfrey of St. Louis represents the sanitary district.