ERIE - A fight over stormwater runoff between a developer and the City of Erie has spilled over into federal court.
Plaintiffs Tenth and State, LLC, and Swing Project Erie, LLC filed a lawsuit June 21 in Erie federal court against the City of Erie, Erie Water Works, and several city employees.
The plaintiffs allege that negligent actions by the defendants caused significant water damage to a property they renovated at 5 W. Tenth Street in downtown Erie. According to the complaint, stormwater runoff from a city streetscape project infiltrated their building's basement, causing extensive damage and delaying the opening of their business.
All this despite claims from Mayor Joseph Schember that the Erie is "eager to assist businesses with their development and expansion plans," the complaint notes. The plaintiffs say "the reality for new businesses is quite different in practice..."
The plaintiffs claim that after they sought assistance from the city to resolve the flooding issue, city employees retaliated by threatening to withhold an occupancy permit due to sidewalk slope issues—sidewalks which were installed by the city itself. This alleged retaliation has resulted in further financial losses for the plaintiffs.
John Mizner of Mizner Law Firm represents the plaintiffs.