Ongoing lawsuit threatens Stonington church
Case has racked up nearly $500,000 in legal fees
Stonington — The United Church of Stonington is trying to avoid having to close after racking up nearly $500,000 in legal fees defending itself against a lawsuit filed by a neighbor who alleges oil from a church-owned home on Trumbull Avenue has flowed into his basement.
There are more costs to come as the neighbor, David Crouzet, has appealed the case to state Appellate Court after a Superior Court judge ruled the church was not liable for the damages to his home at 50 Trumbull Ave. The church owns a home at 48 Trumbull Ave., which had been used as a parsonage for the minister.
The church, which has been in existence for 185 years and has 75 members, has started a GoFundMe webpage at bit.ly/UCSChurchFund to raise funds to help defray the costs of lawyers, experts and testing and possibly head off a closure. As of Thursday evening it had raised $2,500. In addition, a concert is being held at the 67 Main St. church at 5 p.m. Sunday, featuring the band Emma and the Blues Rockers, with all proceeds going to the church.
“It’s a great tragedy when greatly intentioned and well-meaning people who serve their community are losing their church,” said the church’s attorney Leonard Isaac of Farmington.
Church pastor Lori Filban said this week that she is leaving the church after 4½ years and looking for a new position because of the uncertainty over whether the church will close. The church council said it will begin the search for either a full- or part-time minister. In the interim, substitute clergy will take turns running services.
“It’s a great tragedy when greatly intentioned and well-meaning people who serve their community are losing their church.” LEONARD ISAAC OF FARMINGTON, CHURCH’S ATTORNEY
In statement Thursday, the church council said the plan is to keep the church open.
The council said the church has no mortgages on any of its buildings and the parsonage, which the town has appraised at $248,000, could be sold if necessary to help pay off the debt.
“We are asking for financial assistance from the community to help reinstate our endowment fund that will enable the Church to continue and once again become self-sufficient,” the council stated. “The goal is to get more people to attend service on Sunday, continue with community outreach, fundraising events, and community events such as musical concerts, opera, etc.”
In February 2016 Crouzet sued the church, alleging that in August 2009, 3½ years after the church removed a 550-gallon underground oil tank from the home it owned, the sump pump in his basement began to eject oil and water.
The state Department of Energy and Environmental Protection found soil and water containing fuel oil extending from the location of the tank to the east of Crouzet’s home.
According to an expert hired by Crouzet, the source of the contamination on his property was the former underground tank that failed to contain the oil. It also found that the groundwater on his property is likely contaminated by fuel oil. The area is served by city water, not wells.
The suit stated that when extended rain occurs, the groundwater rises, causing oil and vapors to contaminate the basement.
But last August, Superior Court Judge Joseph Koletsky ruled that even though data from DEEP showing there was contamination from the church property was credible, it was outdated. In addition, Koletsky said the church showed there was a second source of oil under the basement of Crouzet’s home that had been there long before he purchased it. Therefore, he said, Crouzet failed to prove the allegation that the church caused the contamination.
The church has incurred bills for lawyers, experts and environmental testing. Isaac said the church’s insurance company will not cover the costs of defending the suit.
Attorney Eric Garofano of New London, who represents Crouzet, said the appeal is based on two arguments: that the judge did not find in Crouzet’s favor despite DEEP saying the church was the primary cause of the contamination, and even if there was a secondary cause, it does not absolve the church of liability as well.
He said Crouzet currently rents the home. Although the house is habitable, Garofano said there is a strong odor of oil in the basement. He said the church has cleaned up some but not all of the contamination.
According to the church’s GoFundMe page, the church building on Main Street was built in 1834 as the Second Congregational Church of Stonington. The current United Church of Stonington was not formed until 1950, when the Second Congregational Church merged with the First Baptist Church.
The church is home to the borough clock tower, whose bell tolls on the top of the hour. The church is aligned with both the United Church of Christ and the American Baptist Church and is very active in supporting various community organizations.
“We genuinely welcome you here, regardless of who you are or where you are in life’s journey,” the church states.