Scranton-based partner Jerry Connor obtained a defense verdict after a three-day Bench Trial in Schuylkill County, Pennsylvania, against a downstream property owner seeking a permanent injunction against Jerry’s client, who owned a storm water retention pond upstream from the Plaintiff. After a major storm event, excess water traveled from the retention pond downstream to Plaintiff’s property causing damage, which was paid for by our client. Our retention pond was immediately repaired, and was operating as it was designed when Plaintiff asked the Court to find a continuing trespass of excess water and ongoing damage. Plaintiff sought a Court Order to require Jerry’s client to completely rebuild its pond to meet current environmental regulations, at what would be a significant expense and burden to Jerry’s client.
As part of the holding, the Court agreed that our client’s pond met all requirements when it was constructed, was operating as designed after repairs were made and that the Plaintiff failed to meet his burden of establishing an ongoing trespass, and denied Plaintiff’s demand for a permanent injunction.