County settles stormwater suit for $150K
Newton County settled a lawsuit with owners of 54.5 acres on Gun Creek road for damages due to the county’s stormwater infrastructure for $150,000 on June 29.
The lawsuit, filed Nov. 21, 2014, by Betty Neal Cason, Kim Dylong, Dale Dylong, Kathy Christopherson and Keith Christophers against Newton County made claims that problems arose on the Cason-Dylong family property due to the county’s failure to properly maintain the stormwater infrastructure. That failure, the lawsuit said, resulted in excessive stormwater flows and erosion and sedimentation of the stream and ponds as well as pastureland on the Cason-Dylong.
The county denied factual basis for the claims made in the lawsuit.
Both sides, however, agreed to settle, with the county paying $150,000 to the Cason, Dylong and Christo-- phersons. The settlement also calls on the county to make repairs to the stormwater infrastructure within the Hall Park subdivision. That work includes spending $10,000 to stabilize erosion around the headwall of the 36-inch pipe; pipe and install a loose stone foundation, or rip rap, where the at the outfall of the pipe; and a description of how the county will move the water from the outfall of the 30-inch pipe to the boundary line of the Cason/Dylong farm.
According to the settlement agreement, provided by Jarrard & Davis, Newton County’s law firm, the settlement does cover any claims that may arise in the future due to the county’s failure to maintain the stormwater infrastructure, or future development or land disturbance.
The Newton County Board of Commissioners agreed to the settlement after an executive session during its June 21 meeting held at the Newton County Historic Courthouse.