EDWARDSVILLE – Collinsville property owners have filed a lawsuit against their neighbors, alleging interference with an underground sewer easement, hindrance in sewer repairs, and failure to return a misdelivered package.
Plaintiffs Alvin and Kevin Wright filed a lawsuit in Madison County Circuit Court against defendants Elizabeth and Jason Rodich and Morrison Heating, Cooling and Plumbing, citing allegations of interference with an underground sewer easement and tortious interference with contract rights.
According to court documents, in the summer of 2023, parts of Alvin Wright's sewer line collapsed, which needed to be repaired and replaced. The sewer repairs require access to the easement on a property located at 800 North Keebler Avenue. The plaintiffs claim they contracted with Morrison to repair the sewer line for $17,207, and they wrote a check for a $9,007 deposit fee to Morrison, which has been cashed.
The lawsuit alleges the Rodiches interfered with the repair of the sewer line, including threats of legal action against Morrison if they accessed the easement. The plaintiffs further claim that the defendants obstructed the repair process by installing a fence, a concrete patio, a sidewalk and a gas pipe over the easement. According to the lawsuit, the cost to remove the obstructions over the easement will add at least $3,000 to the cost of repairing the sewer. Despite being advised by an attorney that the easement was valid and they were obligated to grant access, the Rodiches have allegedly continued to deny access to the plaintiffs and Morrison. Morrison has failed to complete the repair but has refused to return the deposit fee.
Additionally, Alvin Wright claims he ordered a $400 set of collectible coins, and USPS has confirmed that the package was mistakenly delivered to the defendants' address. Wright alleges the Rodiches refuse to acknowledge delivery of the coins and have refused to return the coins to the plaintiff.
The plaintiffs are seeking a judgment against the Rodiches for punitive and compensatory damages, plus court costs, attorneys fees and any other relief the court deems proper. Additionally, they are seeking an injunction ordering the defendants to remove the obstructions over the sewer easement and to cease interference with any repair attempts.
Against Morrison, the plaintiffs are seeking a judgment for punitive damages, plus court costs, attorneys fees and any other relief the court deems proper. Additionally, they are seeking an injunction ordering Morrison to complete the repairs they were contracted to do.
The plaintiffs are represented by attorney Davis M. Duree of Davis M. Duree & Associates, P.C. in O'Fallon.
Madison County Circuit Court case number 2023LA001484