A new lawsuit filed in the United States District Court for the Western District of Pennsylvania paints a troubling picture of alleged negligence and retaliation by city officials. The complaint, lodged by Tenth and State, LLC and Swing Project Erie, LLC on June 21, 2024, accuses the City of Erie and several associated parties of causing significant water damage to their property and retaliating against them when they sought help.
The plaintiffs claim that mere weeks before Swing Project Erie was set to open its doors after extensive renovations costing millions, their plans were derailed twice: first by stormwater misdirection into their basement due to city construction errors, and second by city employees' threats to withhold an occupancy permit. According to the complaint, the city's negligence led to substantial flooding in the basement of their property at 5 W. Tenth Street. When they approached the city for assistance, they were met with threats rather than solutions. The lawsuit names the City of Erie, Erie Water Works, Building Inspector Scott Heitzenrater, Manager of Bureau Code Enforcement Andy Zimmerman, and City Engineer Jason Sayers as defendants.
The story begins with extensive renovations initiated by Tenth and State in July 2023. These renovations included significant interior work aimed at transforming the building into a vibrant space featuring an arcade and indoor golf simulators under the "Five Iron" franchise. However, as renovation work progressed smoothly towards a mid-April opening date coinciding with the Masters golf tournament in Augusta, Georgia, problems began to surface. In October 2023, during a $5.8 million streetscape project on State Street managed by the City of Erie—which included new sidewalks and drainage systems—water started infiltrating the basement.
Plaintiffs allege that Jason Sayers’ flawed design was at fault; his plans incorrectly identified their property as not having a basement and included soil cells meant for stormwater management adjacent to it. Following heavy rainfall on February 6, 2024, large amounts of water flooded into their basement near active electrical devices. Despite reaching out to city officials multiple times—including providing independent lab results indicating high chloride levels consistent with street runoff—the plaintiffs received no constructive response from either Erie Water Works or city engineers.
Instead of addressing these concerns promptly, city employees allegedly retaliated against Tenth and State by threatening to withhold their occupancy permit due to sidewalk slope issues—a sidewalk installed by none other than the city itself just months earlier. This threat came only five days after plaintiffs contacted the City Solicitor’s office about flooding issues—an act perceived as clear retaliation for seeking redress.
Plaintiffs are now seeking judgment against all named defendants for over $75,000 each in damages plus additional relief permitted by law. They cite lost profits due to delayed opening dates amounting up to $110,000 among other financial losses such as increased insurance premiums and wasted marketing expenses.
Represented by attorneys John F. Mizner and Joseph Caulfield from Mizner Law Firm based in Erie Pennsylvania; this case will be presided over under Case ID No: 1:24-cv-176 before Judge Susan Paradise Baxter.