Glencannon suit payments reduced
The $1.6 million combined judgment against North Strabane Township and Canon-McMillan School District has been lowered significantly, although Glencannon Homes Association is trying to reverse that ruling.
Washington County President Judge Debbie O’Dell Seneca on June 25 “molded” the judgment against the two government entities and ruled each will be required to pay $500,000.
A Washington County jury June 20 awarded the Glencannon development the $1.6 million judgment for damage to a pond in a neighborhood hit by runoff from a Canon-McMillan construction project. The jury found the district violated the state Stormwater Management Act by allowing sediment from a 64-acre sports and recreational facility built in 1998 to drain along McDowell Lane and into the pond owned by the association.
North Strabane would have been required to pay $1 million, while the school district was scheduled to pay $600,000. Attorneys for both immediately made oral motions to lower the payments, citing tort law limiting damages against government entities to $500,000.
Phil Binotto, the attorney representing Glencannon, said he’s not sure violating the Stormwater Management Act should fall into that category. He added that limiting the damages gives municipalities little incentive to spend the money to control water runoff if the payments are significantly lower than the cost to fix the problem.
“We’re not going to just sit on our hands and not argue that case,” Binotto said.
Binotto filed the exceptions to the decision Friday, and written responses from the school district and township are required later this month. He thinks the case could ultimately be appealed to Commonwealth Court if another case that’s winding through the system doesn’t resolve the case law about stormwater management.
Binotto also is arguing that the township and school district should pay additional damages for interest lost in the two years between the lawsuit filing and judgment. That could add $70,000 to the judgment.
It was not immediately clear whether North Strabane or Canon-McMillan planned to appeal the judgment.