PITTSBURGH – A Pittsburgh business has filed suit against its neighboring business and local sewer authorities, after a leak occurred and its basement was flooded under inches of water.
Hanoglu Management, LLC filed suit in the Allegheny County Court of Common Pleas on Nov. 4 versus Renewal, Inc., Pittsburgh Water and Sewer Authority and William Pickering (in his official capacity as Chief Executive Officer). All parties are of Pittsburgh.
“In early November 2021, Alihan Hanoglu, the Manager and Sole Member of Hanoglu, discovered water pouring into the elevator pit in the basement of its 333 Building. Mr. Hanoglu immediately contacted a plumber, who corralled the majority of the water so that it would be funneled into a large tub in the bottom of the elevator pit, then continuously pumped out through a four-inch line to a floor drain in the basement. As of the filing of the instant complaint, the water is still being funneled and pumped in this same manner, at approximately the same heavy flow rate,” the suit said.
“As of the filing of the instant complaint, entire sections of the basement of the 333 Building remain submerged under approximately a half-inch of water stemming from the above-referenced leak and the elevator pit is filled to a depth of two to three feet. The water is entering the 333 Building from the eastern wall of the building; i.e., the wall that abuts the western wall of the Renewal Building. The water is not originating from any pipes associated with the 333 Building, as the water meter for the building has maintained the same de minimis reading both prior to and subsequent to the leak.”
The suit adds Hanoglu contacted CEC Engineering, who tested the water and determined that the water was treated public water (as opposed to untreated groundwater).
Furthermore, the test confirmed that the total trihalomethans and chlorine in the water matched the THM and chlorine levels found in PWSA water samples from 2020, the water contained fluoride (which PWSA adds to its water) and the turbidity and total dissolved solids were lower than what CEC would expect for groundwater within the City of Pittsburgh.
“Upon receipt of the report from CEC, Hanoglu contacted PWSA in early February 2022, who refused to take any investigative action at that time. Through intervention of counsel for PWSA, PWSA ultimately agreed to begin a leak detection investigation. While PWSA did appear on site, it made no determination as to the cause or source of the water flow. PWSA has subsequently disclaimed any responsibility for the leak and to date has been unwilling to investigate further to discover the source of the water or take any ameliorative steps to address the issue,” the suit states.
“On information and belief, PWSA has refused to engage with Hanoglu or its counsel any further concerning the leak in the 333 Building. The continuous leak continues to damage the structure of the 333 Building, rendering it uninhabitable, unmarketable and of diminished value.”
For multiple counts of action in mandamus, trespass, negligence and nuisance, the plaintiff is seeking judgment in its favor and against defendants, jointly and severally, in the form of a positive injunction compelling defendants to abate the stream of water flowing into the basement of the 333 Building, and an award of damages exceeding $50,000, along with such other relief as the Court deems just and proper.
The plaintiff is represented by Ray F. Middleman and Shane D. Valenzi of Whiteford Taylor & Preston, in Harrisburg.
The defendants have not yet obtained legal counsel.
Allegheny County Court of Common Pleas case GD-22-013611
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com