Synopsis:

Homeowners in a neighborhood in Chester County were adversely impacted when their neighbor made numerous modifications to his property, changing the course of how and where stormwater was being diverted from the modified property to the clients’ properties.

Challenge:

The neighbor who made renovations refused to acknowledge the damage to the clients’ properties and refused initial requests to discuss remediation or any sort of solution to the problem. To add urgency to the problem, every storm event caused damage to the Plaintiffs’ properties.

Strategy/Solution:

Our first course of action was to file a request for Injunctive Relief, which is a request to have a Judge Order someone to act, along with a claim for negligence.  We also filed an Emergency Petition for Injunctive Relief after several serious storm events had occurred.

Results:

Through a partial settlement of the Emergency request, a temporary solution on the neighbor’s property was installed at a cost shared by all parties.  This temporary solution resolved much of the ongoing damage to the clients’ properties, which was in part their desired outcome. This case was settled on the eve of trial, and settlement includes a full remediation on the part of the Defendants, and a payment for damage to the clients’ properties.