County set­tles stormwa­ter suit for $150K

The Covington News - - NEWS - BRYAN FAZIO bfazio@cov­news.com

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.

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