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Court gives litigants more time to work on flooding solution

3 min read
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Weather was sunny Wednesday afternoon when litigants gathered for a status hearing at Washington County Courthouse, but flash flooding is a serious matter than can develop, as the name implies, in a matter of minutes.

Noting “the Big Pipe” case is basically a matter of public safety, Judge Michael Lucas gave several property owners a few more weeks to work out a solution to a problem resulting in water so deep at West Chestnut Street and Franklin Farms Road that kayakers have paddled there, a geyser has sprung up, motorists have been stranded and businesses have been forced to temporarily close.

At fault is a clogged storm pipe buried 24 feet beneath North Franklin and Canton townships, and although a civil engineer proposed a replacement plan the judge supported when granting a preliminary injunction June 11 at the request of Guttman Realty Co., he allowed leeway for his order to be modified.

And a modification in the form of plugging what was called an “ancient” – actually, more like 60 years old – pipe and bypassing it with a new pipeline was the topic discussed in the courtroom.

“This isn’t just an alternative to what the court ordered, it goes beyond that,” said attorney Tom Ayoob, who represents Eckerd Corp., whose tenant operates a Rite Aid drug store at the intersection.

“It’s an alternative that benefits everybody in the community,” he said, reeling off a number of businesses including properties of Burger King, McDonald’s, Taco Bell, Bob Evans, a BP gasoline station, and Days and Ramada inns.

Attorney Julian Neiser, representing Orion Development, owner of the drug store property, said because of the depth of the old pipe, “We really don’t know what we’d be getting into.”

Excavation could potentially bring additional problems to light.

He called the bypass plan to Chartiers Creek a preliminary one that would require permission from National Retail Properties Trust of Florida, the property owner of the Bob Evans restaurant.

Lucas scheduled the next confab for later in July, and offered to appoint a mediator to handle further discussion aimed at a settlement.

Although the various representatives said talks are progressing, the judge told them, “I would not want to come back in a couple weeks and find you were at an impasse.”

The cost of repairing 20 feet of existing pipe was estimated at $53,521, according to Guttman, but no dollar figures were mentioned Wednesday in court.

Who would be responsible for maintenance of the new pipe and holding property owners harmless during construction were issues that needed to be ironed out.

Brian Simmons, the attorney representing Guttman, said after the formal session concluded the judge’s order forced the litigants to work together and “hopefully, if we’re able to seal the deal,” it could bring relief for generations, he said.

The state Department of Environmental Protection would have to grant permits for the work, and a court order citing an emergency could be a significant factor.

“In my humble opinion, you would hope that would help speed the process with DEP,” Simmons said.

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