A Jim Thorpe property owner in a legal dispute with the borough over maintenance responsibilities for a set of concrete steps connecting West Broadway and High Street is asking council to settle the case before trial.

Tom Loughery, owner of the Three Towers Apartments at 49 W. Broadway, said Thursday night he will take the case, which is currently in Carbon County Court, to trial if the situation is not resolved.

Who is responsible for maintenance of the steps came into question in 2017 after a slip-and-fall insurance claim prompted the borough to have a land survey done.

According to the civil complaint, filed by Loughery in 2019, the steps straddle his property and land owned by an LLC at 61 W. Broadway.

“The steps were built by the borough with public money and were used by the residents for over 130 years, all the while being maintained by the borough,” Loughery said during Thursday’s council meeting. “Over four years ago, an event led to the borough attempting to abandon the steps and put the responsibility for a piece of public infrastructure onto a private property owner. Municipalities should not be able to dump unwanted property on its residents.”

In the complaint, Loughery cited 16 instances between 1886 and 2017 where the borough, for example, sought grant money for maintenance of the steps, did physical work on the steps or took public action regarding the steps.

He submitted to the court a Mauch Chunk Daily Times News article dated July 8, 1886, showing construction of the steps was completed for a cost of $813.82 and were considered “a good improvement” at the time. The most recent action Loughery cited was in the summer of 2017 when the borough “replaced about 20 square feet of abutting concrete sidewalk” at the bottom of the steps.

In an initial answer to the lawsuit, borough solicitor James Nanovic argued that Loughery failed to allege an offer of dedication and an acceptance of dedication for the steps, and failed to allege the necessary elements of a public prescriptive easement.

“I’d like to make a few comments,” council President Greg Strubinger said in response to Loughery on Thursday night, “but given the fact that this is in litigation, I have been advised not to do that.”

When residents questioned the borough about the steps in 2017, Strubinger said the borough was surprised to find out it didn’t own the steps.

“What many thought was a public thoroughfare, as it turns out, is private property and we can’t give permission for people to use them,” he said at the time.

Loughery, meanwhile, said he’s confident depositions will show that responsibility for maintaining the steps does not fall on him or property owners on the other side of the steps.

“We deposed several people very familiar with the steps, neighboring landowners, longtime residents, and even borough workers,” he said. “These depositions showed overwhelmingly that the borough maintained the steps and no property owners ever had responsibility for them. We are confident that Judge (Joseph) Matika will issue a ruling that the steps are the borough’s responsibility as they always have been.”

When the issue is resolved, Loughery said he hopes the steps will be open again for public use.

“Our neighborhood just needs the steps open,” he said. “It’s an important walkway. It’s been part of our lives over there for 130 years. People bought houses on High Street knowing that a certain amount of infrastructure was there so they can get around town.”

The case is currently listed for a nonjury trial no sooner than June 1.