A legal battle over ownership and maintenance responsibilities for a set of steps connecting West Broadway and High Street in Jim Thorpe Borough continued this week in Carbon County Court.

According to the civil complaint, filed by Loughery in 2019, the steps, for which ownership was called into question following a slip-and-fall insurance claim in 2017, straddle his property and land owned by an LLC at 61 W. Broadway. Loughery said the borough spent in excess of $800 to build the steps in 1885. The borough, based on a land survey done in 2017, contends Loughery and the LLC own the majority of the steps, while it owns only a small part near High Street.

Both sides were in court Monday morning after Loughery filed a motion for summary judgment, asking Common Pleas Judge Joseph Matika to find in his favor.

Matika took arguments from both sides under advisement, but did not immediately issue a ruling.

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. The most recent action Loughery cited was around 2016, when the borough “replaced about 20 square feet of abutting concrete sidewalk” at the bottom of the steps.

“Depositions do show that the borough has performed some maintenance on the steps,” Jim Thorpe’s attorney, James Nanovic, said in an argument against the motion for summary judgment. “Of course, the evidence also shows that there was no official action on the part of the borough to authorize maintenance of the steps. There are no records, whether ordinances, resolution or minutes to show that the council accepted the High Street steps.”

Nanovic said Loughery’s attempt to have the court require the borough maintain the steps would be illegal.

“Should the borough be determined to be the owner of the property, it would have the right to determine what maintenance, if any, should be required,” Nanovic said. “Further, it is also possible that it determines it is appropriate to close the steps, just as the plaintiffs have currently closed the steps, for liability reasons.”

The steps consist of a multi-ton concrete structure running more than 100 feet long, 20 feet high and 10 feet wide.

“An individual property owner can’t reasonably maintain and care for this public thoroughfare,” Joshua Gildea, Loughery’s attorney, wrote in support of the motion for summary judgment.

Depositions, Gildea said, show the public has always walked freely on the steps.

“Borough President Greg Strubinger concedes that his grandparents graduated from Mauch Chunk High School in the 1930s and walked on the steps every day when going to school,” he added.

Loughery told council earlier this year if the borough did not settle the case, he was intent on taking it to trial.

“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 council’s January 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.”