Water Break and Hillside Slip Continue to Bring Legal Woes for Pomeroy Village

Deem and Hill Residences — The Deem house continues to incur damage from the hill slide. Photo by Madalyn Wood.

POMEROY – Pomeroy Village continues to face issues related to a hillside slip and water line break on Butternut Avenue.

The village is currently facing two federal lawsuits concerning the slip. Two families have been impacted by the slide and are seeking the intervention of courts on the federal level in the matter.

A civil suit was filed originally with the Meigs County Court of Common Pleas involving the Village of Pomeroy, the council, the mayor and others. The case was filed by Michael Hollingsworth on behalf of his clients, David and Jamie Deem. The case involves the devastating result of hill slides to the Deem’s home on Butternut Avenue in Pomeroy which were the result of a 2011 water leak and according to the suit, the actions or inactions of those connected with the village in the matter.

David and Jamie Deem currently live in Middleport. Due to the damage to their 148 Butternut Avenue, Pomeroy home, they had to move. According to the suit, two hill slides happened between October 2011 and November 2011. The second hill slide was severe enough to require the Deems to vacate their home which had stood for more than 100 years on Butternut. Jamie has owned the residence since 1985.

The slide is visible from the street. Photo by Madalyn Wood.

According to the extensive suit two neighbors that lived “behind and up the hill” from the Deem’s Butternut residence noticed they did not have water pressure on Oct. 20, 2011. The water department was contacted and according to the paperwork, “the employees and officials of the Water Department and Village failed to repair a broken handle on a valve on the water line leading up the hill behind the Butternut Residence and thereafter such valve was unavailable to prevent the enormous slide of mud and flow of water on Oct. 24, 2011, thereby causing initial, increased and ongoing damage to the Butternut Residence and Plaintiff’s home, and ultimately, the Nov. 23, 2011, hill slide.”

Sited in the law suit are the damages to the home itself, and the entire devastating loss of the only place that had been their late daughter’s home. The Deem’s lost their daughter, Emily Grace in 2008. In addition, has been their expense in dealing with attempting to resolve the situation with the house.

The Meigs County Museum Annex first experienced some slippage from the hill behind it. The Annex is next to the Deem’s Butternut Avenue home. The issues with the Annex have been addressed. The issues with the Deem’s home have not.

Also noted specifically is Shannon Spaun for not recognizing the first leak, according to the suit, referring to the neighbors giving water department employees a “wealth of information and clues that a Water Department employee of reasonable experience could conclude one and only one thing, which was there was a leak in a water line that had to be fixed immediately given the location of the leak at the top of a steep hill overshadowing the building and homes below. Despite all such indications, the employees left for the weekend without searching for and fixing the leaking water line.”

The hill side coming down the behind the two houses. Photo by Carrie Gloeckner.

In addition, to the council and other Village of Pomeroy related personnel, the Ohio Plan and several adjustors are mentioned. According to the suit, the Village of Pomeroy was verbally taking responsibility for the hill slide along with the adjustors until a point where the depth of the damage became evident. The Deems have not received any compensation for their home or other assistance after the initial water leaks resulting in the mudslides. The structure remains cracked and unsafe.

The case was filed Friday, Oct. 18, 2013. The Deems have requested a jury trial in the matter.

Additionally, Patrick and Nancy Hill also of Butternut Avenue have a lawsuit pending in federal court

The hill side behind the houses can be seen at distance. Photo by Carrie Gloeckner.

concerning their issues related to the slip. The Hills residence is next to the Deem’s residencs. Also named in the Hill’s suit area Hylant Administrative Services, LLC. Along with several Jane and John Does, the Hill’s suit names the Village of Pomeroy, Pomeroy Water Department, Pomeroy Village Counsel, The Ohio Plan, Inc. and Ohio Plan Risk Management, Inc.

The Hills are asking the court for monetary assistance for the repairs needed to stabilize the hillside, remove debris and other related issues to their home from the hill slide. They are also seeking the village purchase their home at the fair market value of the home prior to the devastating hill slide. In their suit, the Hill’s maintain that there home is now unmarketable based on the damaging hill slide and issues related to it. They also alleged that the home could become the same state of the Deem’s Butternut residence. They fear the damage will continue forcing them to vacate the home as well.