The Village of Deer Park and homeowner Mike Shelby have reached a tentative
agreement that could ultimately settle a civil suit filed earlier this year
over flood water.
Thursday, September 11, 2003
New Richmond News
Deer Park, homeowner reach
tentative agreement in suit
Terms call for plaintiff to pay undisclosed
amount of money on resident's counterclaim
(related story below)
The Village of Deer Park and homeowner Mike Shelby have reached a tentative
agreement that could ultimately settle a civil suit filed earlier this year
over flood water.
Terms of the tentative agreement, reached late last month, call for the Village to obtain financing by February, 2004 in order to help fund the unspecified amount called for in the tentative settlement. The case has been deferred for a period of six months in order to allow the village time to seek the funding.
Although a tentative agreement has been reached, attorneys in the case stress the civil claim is still open.
Deer Park filed suit against Shelby in January, claiming he was pumping flood water from his basement to the village sewer system following a period of heavy rain in 2002.
The village claimed “natural factors” caused the flooding, and it said pumping such water into the sewer system violated current ordinances. The village claimed the flowage was causing its lift station to process 90,000 gallons per day, instead of the usual, 30,000 gallons per day.
Shelby, however, said negligence on the part of the village was a factor in the flooding of his basement and he filed a counterclaim in the suit. According to court records, Shelby was asking village officials for $75,000-$80,000 for his house.
Shelby’s home, along with a few others that flooded, are adjacent to the village park property, which kept its main gate closed for several months in 2002 due to “significant rainfall.”
Shelby is being represented by Twin Cities-based attorney Duane Arndt. Amery attorney Brian D. Byrnes is representing the Village.
Friday, January 31, 2003
Deer Park pushes to pull the
plug on resident
By Julie Shehane-Bannink, News staff reporter
jshehane@rivertowns.net
A St. Croix County judge must decide Friday whether or not to grant a request by the Village of Deer Park to issue a temporary restraining order against one of its residents.
If issued, the restraining order would allow agents of Deer Park to enter Mike Shelby’s Main Street property and stop him from pumping flood water into the village’s sewer system.
The hearing is part of a civil suit the village filed against Shelby Jan 14. A restraining order would remain in place pending the outcome of the suit.
In its complaint, Deer Park claims Shelby is transferring flood water from his basement to the village sewer system.
“The defendant permitted storm water, surface and groundwater to run-off or surface into the sewer system through a lateral line starting at the defendant's home,” reads the civil complaint, filed through Amery attorney Brian D. Byrnes. “The flowage poses a health hazard because it compromises the village’s ability to process sewer water from other residents,”
The village claims the flowage is causing its lift station to process 90,000 gallons per day, instead of the usual, 30,000 gallons per day.
Shelby says negligence on the part of the village was a factor in the flooding of his basement and he has hired an attorney to fight the suit.
“It’s their fault it’s flooded and they haven’t done anything to help me or anyone else,” said Shelby, whose home was one of several to take on water in the fall of 2002.
The homes are adjacent to the village park property, which kept its main gate closed for several months due to “significant rainfall.”
The village claims “natural factors” caused the flooding, and it says pumping such water into the sewer system violates current ordinances.
In its civil claim, the village is asking for a $100 forfeiture for each day Shelby continues to pump water into the sewer system, beginning Nov. 27, 2002, when records say he was notified of the violation.
Deer Park is also asking for additional monies for what it calls the increased cost of running the sewer system, including expenses for electrical fees and wear and tear.
Judge Eric Lundell is scheduled to hear arguments on the restraining order Jan. 31 at 9 a.m. A court date has not yet been set for the remainder of the suit.
Shelby is being represented by attorney Duane Arndt.
