Real Estate Law

WERE THEY WASTED AT MARGARETVILLE?

Homeowners living in the vicinity of the Bull Run Creek, located up north in the Village of Margaretville (Delaware County), sued the Village for the negligent reconstruction of the creek's walls.

Apparently, once the Village's repair work was completed, the local homeowners began to suffer from "substantial" water infiltration which triggered mold infestations, "weakened" the foundation of homes, "destroyed their basements ... and diminished the overall value" of the properties.

When the Village's motion to dismiss the homeowners' case was denied by the Delaware County Supreme Court, Margaretville appealed to the Appellate Division, Third Department, which agreed with the outcome.

Although Margaretville was entitled to "immunity" with respect to its decision to reconstruct the creek and its design of the project, it was not exempt from liability when it came to the homeowners' allegations of negligent performance and/or supervision of the work. As a result, the case will now proceed to trial to determine the amount of damages to be awarded to the impacted residents.

Bet Village officials needed a stiff drink when they got that decision.

(Where's Jimmy Buffet when you need him?)

For a copy of the Appellate Division's decision, please use this link: Van Benschoten v. Village of Margaretville

From Real Estate Law Blog posted 2007-04-18.