A judge has sided with Lansford borough over a business owner who sued the borough alleging they are responsible for erosion on his property caused by stormwater.

Earlier this month, Judge Steven Serfass issued a verdict in favor of the borough in a case brought by Jesse Hiles, owner of the Sports Zoo, 390 W. Snyder Ave.

Hiles has already filed a motion asking the judge to reconsider the verdict, the first step in appealing the decision.

Hiles sued the borough in 2016 over a portion of his property, which was washed away by stormwater. The property is a triangular gravel lot, used each year for an outdoor music festival, that Hiles said has to be rebuilt often due to erosion.

Hiles said the stormwater issue started more than 20 years ago, when a borough road project changed the shape of the road surface. He said a crown in the road directed the water onto his property.

Hiles sought more than $50,000 in damages from the borough. That included the cost of the borough constructing a curb around the property, as well as the gravel that has been used to rebuild the lot over the years.

A nonjury trial was held late last year. On June 1, Serfass sided with the borough. He wrote that there was no evidence that the stormwater was directed onto the property and the only reason the water went onto Hiles’ property was that it is located on a hill. Furthermore, he wrote, the erosion does not happen after every rainfall.

Serfass said that state law does not hold municipalities responsible for small amounts of stormwater runoff onto private property, unless it can be proven that they were negligent.

The borough did work to address the stormwater problem in 2012. Hiles started complaining in 2010 that stormwater was flowing into the bar itself. The borough built curbing, inlets and handicap ramps to prevent water from getting in, and Hiles paid to have a garage lifted to address the problem.

Serfass noted that throughout that project, Hiles didn’t make any complaints about stormwater eroding the parking lot in front of the bar.

Hiles’ post-trial motion argued that the court did not correctly interpret the state’s laws regarding stormwater management. Furthermore, the judge would not accept expert testimony from Hiles’ brother, David, who has a degree in engineering.

The motion asks for the court to reconsider its verdict or grant a new trial.