Q: Can I ask a magistrate court to mandate drainage installation for a damaging parking lot?
I own property adjacent to a parking lot, and cars have crossed the property line, damaging my retaining wall by pushing heavy wheel stops against it. Additionally, storm water is now flooding beneath my sidewalk and building due to the sloped parking lot lacking a storm drain. My engineer confirmed that the parking lot, which was recently resealed, has contributed to worsening the flooding. The City mandated a survey and repainting of the lot, and I'm always in touch with them, especially since this is in a Historic District. I have video, photo, and email documentation of all damages, and the flooding became apparent only recently. Given the circumstances, can I ask a magistrate court to require the parking lot to install a drain, and can I file a separate claim for compensation for the broken wall? How should I proceed?
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A:
You may be able to ask a magistrate court to order the installation of a drainage system to address the flooding, especially if you can demonstrate that the parking lot’s design is directly contributing to the damage. Since you’ve documented the flooding and the damage to your property, including the retaining wall, these records will help support your case. However, the court will likely require you to show that the issue is a significant violation of property laws or local ordinances, and that the parking lot owner has not taken responsibility for the issue.
In addition, you can file a separate claim for compensation for the broken retaining wall, either through small claims court or civil court, depending on the amount of damages. It’s important to keep the documentation of the engineer’s assessment and any communications with the City and parking lot owner as evidence for both claims.
To proceed, you may want to contact a local attorney to help you navigate both the drainage installation request and the claim for damages. They can assist in determining whether the magistrate court has the authority to mandate the installation of the drain and guide you through filing the claims correctly.
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