A group of property owners has taken legal action against a local borough, alleging significant damage to their land due to unauthorized stormwater discharge. On December 18, 2024, Virginia M. Gourlie, Emily M. Nicholson, and Sarah Jane Mustin filed a complaint in the Delaware County Court of Common Pleas against the Borough of Yeadon.
The plaintiffs, represented by attorney Diana A. Silva from Manko, Gold, Katcher & Fox, LLP, claim that the Borough of Yeadon installed an unpermitted stormwater pipe on their property without consent. This installation has allegedly led to severe erosion and other damages on their land located at 548 W. Providence Road and adjacent parcels in Yeadon. The plaintiffs assert that this constitutes illegal encroachment and continuing trespass.
According to the complaint, the stormwater pipe discharges water from an approximate twenty-three-acre drainage area directly onto the plaintiffs' property. This discharge has reportedly caused substantial erosion, flooding, and damage to mature trees and habitat for flora and fauna on the land. The plaintiffs allege that the Borough's actions are negligent as they failed to notify or seek permission from them or their predecessors before installing the pipe.
The lawsuit outlines several claims against the Borough: negligence for failing to act reasonably in installing utility service facilities; private nuisance for interfering with the plaintiffs' use and enjoyment of their property; and trespass for knowingly placing the stormwater pipe without consent. The plaintiffs argue that these actions have created a dangerous condition exempt from protection under Pennsylvania's Political Subdivision Tort Claims Act.
In response to these grievances, Gourlie, Nicholson, and Mustin are seeking both injunctive relief and monetary compensation. They request that the court order the removal of the stormwater pipe and stop further discharge onto their property. Additionally, they seek compensatory damages for past harm caused by this situation and punitive damages due to what they describe as grossly negligent behavior by the Borough.
This case is being overseen by attorneys from Manko, Gold, Katcher & Fox LLP with Diana A. Silva leading representation for the plaintiffs. The case is filed under Civil Action No. 2024- in Delaware County Court of Common Pleas with jury trial demanded.