Civil Rights Claims Removed From Sewage Suit
Last updated Monday, October 6, 2008 10:33 PM CDT in News
By Ron Wood
The Morning News
FAYETTEVILLE - Civil rights claims against the city of Fayetteville over raw sewage in a woman's yard have been dismissed.
Jeanny Romine sued Fayetteville in 2005, accusing the city of damaging her property on Trenton Boulevard. Sewage was seeping onto the property as a result of faulty sewer lines in 1998, leading to environmental damage, according to the suit.
The city argued the sewer lines were private and said they could not clear or work on the lines unless Romine granted the city an easement. The city offered $880 for the easement in 1998 and Romine refused. She also refused to allow city employees on her property for several years.
The sewer system was repaired in 2005, shortly after Romine sued the city. City crews fixed the system after Romine allowed them onto her property to make repairs.
Over the summer, the Arkansas Supreme Court said Fayetteville Water-Wastewater Director David Jurgens should have been dismissed from the lawsuit because there was no intentional action on his part, or the city, to hurt Romine.
Based on that lack of intent, Washington County Circuit Judge Mary Ann Gunn dismissed civil rights claims for assault, battery and outrage Monday.
Still pending is an inverse condemnation claim that the sewage damaged Romine's property.
The suit also names several adjacent property owners.
Gunn previously dismissed a portion of Romine's lawsuit accusing the city of negligence in allowing the sewer system to flood her property as well as claims for punitive damages.
A hearing on pending motions is set for Thursday.
Reader Comments (1 comment(s))
The following comments are provided by readers and are the sole responsibility of their authors. The Morning News does not review comments before their publication, nor do we guarantee their accuracy. By publishing a comment here you agree to abide by our comment policy. If you see a comment that violates our policy, please notify the web editor.
Not already registered?
recross1 wrote on Oct 7, 2008 7:11 AM:
In most cities the county or city or state has an easement along all its water.sewer ,and or electrical lines just for this reason,to be able to gain access should a problem arise.
This woman should be not only denied any settlement,she should be held liable for any loss or damage to others for denieing the repair crews access to the problem.
Its like asking a mechanic to fix your car but not letting him in the garage to get to the car.
Its lawsuits such as this that cause the taxpayers to endure rate hikes so the state can defend themselves from obvious stupidity. "