Date: Fri 29-May-1998

Publication: Bee

Author: ANDYG

Quick Words:

sewer-lawsuit-Krecidlo

Full Text:

Town & Sewer Contractor Sued Over Well Failure

BY ANDREW GOROSKO

The owners of a residential property in Sandy Hook Center are suing the town

and a sewer contractor, alleging that sewer installation work done in 1996

near their property caused their domestic water well to become contaminated.

In a lawsuit filed May 18 in Danbury Superior Court, Jonathan C. and Geraldine

A. Krecidlo are seeking more than $15,000 in damages from the town and the

Mark IV Construction Company, Inc. of Bridgeport. The Krecidlos' legal

residence is listed as 740 Southford Road, Unit 21, Southbury. The Krecidlos

are represented by attorney Kirk Tavtigian of Farmington.

In the lawsuit, the Krecidlos, who own property at 101 Church Hill Road, Sandy

Hook Center, state their property is adjacent to an area where on June 17,

1996, the town, through its sewer contractor Mark IV, conducted explosive

blasting and other construction work as part of excavation work for sewer

installation.

According to claims made in the lawsuit: "This blasting and other construction

resulted in injuries and damage to the Krecidlos' property, including

extensive property damage, and damage to the Krecidlos' drinking water well

and an immediate deterioration in the smell, taste and coloration of water

drawn from the Krecidlos' well. Testing has revealed that the water contained

unacceptable levels of bacteria, and the water continues to be contaminated to

this date. In addition to the water quality problems, the town and Mark IV

caused substantial additional property damage to the Church Hill Road

premises, including damage to trees and plantings, destruction of the

Krecidlos' costly and hand built dry stone wall and alteration of the

topography and drainage at the premises."

"In additiion, the (water) contamination has stigmatized the Krecidlos'

property and has caused a significant diminution in its fair market value,"

the lawsuit alleges.

The Krecidlos have and will continue to incur substantial costs in

investigating and fixing their damaged property, according to the lawsuit.

The Krecidlos allege the town failed to properly conduct the blasting and

other work and failed to properly supervise the people doing it, according to

the lawsuit.

The damage to the Krecidlo property is an unreasonable interference with their

use and enjoyment of their property, the lawsuit charges.

Through the lawsuit, the Krecidlos seek to have the town and Mark IV provide

them with compensatory damages, punitive damages, attorney's fees, costs,

interest, and other relief deemed equitable by the court.

The town is scheduled to answer the civil charges raised in the lawsuit in

Danbury Superior Court June 9.