Gilbertsville, PA asked in Construction Law, Constitutional Law, Environmental and Land Use & Zoning for Pennsylvania

Q: Our development is flooding from heavy rains since a new massive development was added roughly 5 years ago. Any options?

Hello, our development rain water drainage is backing up and flooding our homes since a new development was added next to us down stream of our run off. Our township was told by an engineer that our catch basin would NEVER pass code today and that is overflowing into neighbors yards, pipes can't handle the flow and now that the new development next to us can't handle our water nor theirs?

People are loosing property, damages time from work and now we fear we will be labeled a flood zone. The township we reside in admitted a year ago there are multiple issues but wants to do nothing. They even are lying to new home owners about the issue as well. The township we reside in is pointing the finger at the neighboring township saying it's their fault when we feel both have issues.

I have plenty of video and pictures to share and the township informs new home owners "Sorry that's your issue not ours"....What are our options? Do we have any type of recourse at all with this.

Thanks!

1 Lawyer Answer

Tim Akpinar

Answered
  • Construction Law Lawyer
  • Little Neck, NY

A: As you and your neighbors already realize, this is a very complex situation. It's the type of matter that if litigated, could drag on for years in court and easily accrue very high legal fees. It would very likely involve expert testimony from civil engineers, architects, urban planners, and other professionals.

To meaningfully address your options, you could start with a consultation with a Pennsylvania attorney who handles complex litigation. It could be worth exploring options that achieve a resolution without costly and ruinous litigation, and in that vein, it could be worth exploring whether government officials above the township level could assist, whether in the way of helping with funding or giving guidance.

If resources could be used to explore engineering solutions rather than protracted litigation, that would naturally be the best outcome. But an experienced attorney could at least outline for you the legal issues that present themselves so you recognize them, and the practical advantages of avoiding litigation if that is a possibility. Good luck

Tim Akpinar

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