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Man files complaint against Lansford

A three-count complaint has been filed by Jesse R. Hiles, 390 W. Snyder Ave., Lansford, against the Borough of Lansford, 26 E. Patterson St., Lansford, over a water runoff problem the plaintiff alleges the borough has created and will not remedy despite repeated requests.

In the complaint, Hiles states the borough graded and constructed the adjoining streets of West Ridge and Cortright to his lot to deliberately and intentionally funnel surface water runoff onto his property.The runoff, he alleges, has caused extreme erosion to the Hiles property, creating hazards in the enjoyment and use of the property.The plaintiff states the borough placed fill in gullies and trenches it created, but the property has since eroded and is dangerous and unusable. Hiles said he secured an estimate in the amount of $12,960 that would prevent further erosion.The suit states Hiles has serious concerns about the lack of response by the borough and that he believes the borough has no intention of correcting the destructive condition it created.In a count of trespass, he is seeking $50,000 that represents the cost to repair the erosion and flooding damage and for cleanup, together with interest, attorney’s fees and costs.Count 2, injunctive relief, asks the court to order Lansford to immediately cease and desist from any further routing of water runoff, and, in Count 3, the plaintiff alleges the borough is guilty of a de facto taking by not having complied with the eminent domain law with regard to filing a declaration of taking. The plaintiff said the defendant’s actions or inactions have caused a physical invasion of his land, causing a 100 percent condemnation.Saying the borough’s actions have seriously affected and significantly reduced the value of his property by making it a repository for water runoff without the permission or consent of the property owners, he is asking the court to appoint a board of viewers to determine the damages he sustained to the whole of his property under the theory of unity of use.Borough solicitor Michael Greek said council has not met since the suit’s filing, and therefore hasn’t discussed it.