MEDIA – A group of Delaware County neighbors allege that an adjacent contractor’s materials-crushing operations are creating both a private and public nuisance, in addition to violating a local township ordinance for noise and air quality.
Ryan and Maura Steele, Anthony and Nicole Skwirut and Paul and Maryann Luczeczko collectively filed suit in the Delaware County Court of Common Pleas on Jan. 15 versus Joseph F. Mariani Contractors, Inc. All parties are of Aston.
“The defendant operates a business at the defendant’s property that performs site work contracting and excavation. On or about 2015-2016, the defendant purchased rock crushing machinery and began accepting and crushing concrete, blacktop, cinderblock brick and masonry materials on the defendant’s property several days per week, year-round. As part of the crushing operations, the defendant uses large heavy machinery to crush the various materials and move the materials around on the defendant’s property, including an industrial rock crusher, hydraulic excavators, bulldozer and dump truck,” the suit states.
“The crushing operations on the defendant’s property causes excessive dust to enter onto the plaintiffs’ respective properties, both inside and outside of the plaintiffs’ homes. The noise, vibrations and dust from the defendant’s crushing operations are so continuous and intolerable that plaintiffs and their families are disturbed and annoyed during such operations and are therefore unable to peacefully enjoy their homes or to pursue their normal activities in peace and quiet. The noise, vibrations and dust from the defendant’s crushing operations occur almost on a daily basis and at times start as early as 5:30 in the morning and sometimes during the middle of the night.”
The plaintiffs argue that the defendant has continued to violate the Aston Township Ordinance Performance Standards, but has faced no enforcement consequences from the township in nearly four years.
“The vibrations from the crushing operations shake the plaintiffs’ respective homes, rattles windows and tabletop décor to such extent that items inside of the homes can be heard rattling and can be seen moving. The dust coming from the crushing operations visibly accumulates on and in the plaintiffs’ homes, vehicles and other items and is breathed in by the plaintiffs. The plaintiffs are forced to close their windows to try and keep the dust from entering their homes. The plaintiffs have complained numerous times to the defendant about the noise, vibrations and dust affecting their properties by the crushing operations,” according to the lawsuit.
“The continued excessive noise, vibrations and dust coming from the defendant’s crushing operations onto the plaintiffs’ respective properties as experienced by the plaintiffs has interfered with their use and enjoyment of their properties. The continued excessive noise, vibrations and dust coming from the defendant’s crushing operations onto the plaintiffs’ respective properties, as experienced by the plaintiffs, negatively affects the value of their properties.”
For counts of private nuisance, public nuisance and local noise ordinance violation, the plaintiffs are seeking an order restraining and enjoining the defendant, its agents, servants, employees and invitees, from making, or causing to be made, any such noises, vibrations and airborne particulate in violation of the Aston Township ordinances, and from otherwise performing said crushing operations (including but not limited to the use of any vehicles and machinery involved in said operations) on defendant’s property, and award plaintiffs costs and any other relief the Court may deem just and proper.
The plaintiffs are represented by David J. Scaggs and Blair H. Granger of The Granger Firm, in Paoli.
The defendant has not yet secured legal counsel.
Delaware County Court of Common Pleas case CV-2021-000525
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com