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runoff, Failed Detention Pond, Flooding, Lawsuit
|Posted on Tue, Jul. 11, 2006
Bibb, private companies sued in flooding
Woman seeking funds to pay for damaged property
By Phillip Ramati
TELEGRAPH STAFF WRITER
A woman who sustained damage to her property because of flooding last summer filed a lawsuit Monday in Bibb County Superior Court.
Patricia Busby, a schoolteacher whose property flooded after a wall of a sediment pond burst near her home at 4573 North Beachwood Drive, named Bibb County in the lawsuit, along with Northside Development LLC; Cunningham & Co. Engineers Inc.; and G.A. Faulkner Jr. Co.
Sam Wilson, one of Busby's attorneys, said all the defendants were named to get the matter settled in one proceeding.
"We'll sort things out and see what happens," he said. "(Busby) just wants her home fixed."
Monday's lawsuit does not ask for any specific amount in damages, Wilson said, because of continuing problems on the property.
In May, Busby sent a letter to the county asking for $48,000 in damages to be used to replace 250 feet of inadequate drainage pipe, which will require removing 2,000 square feet of concrete driveway. The yard also needs sod and dirt to replace what was lost through erosion. The $48,000 was the estimate by an insurance company to fix the driveway.
Bibb County Attorney Virgil Adams said Monday he had not seen a copy of the lawsuit and declined to comment, as did Bibb County Commission Chairman Charlie Bishop.
Efforts to reach officials with Cunningham & Co. and Faulkner offices were unsuccessful. Henry Arrington of Northside Development said he didn't know a lawsuit had been filed.
"I have nothing to say, to be honest with you," Arrington said.
The defendants have 30 days to respond to the lawsuit once they are served.
Wilson said a hearing is scheduled Aug. 22 between Busby and the county. Wilson said Busby wanted to stop further construction of the Northside Crossing project until the drainage problem was fixed.
"It's much easier to fix the drainage problem without the buildings there than it is with the buildings," he said.
Wilson said Adams and the county have been cordial in the matter, but nothing has been fixed because each of the four parties listed as defendants has blamed another party.
According to the lawsuit, Northside undertook the real estate development, which was designed by Cunningham, approved by the county and implemented by Faulkner.
"As a result of the defendants' activities, plaintiff's property has developed numerous sinkholes in her yard, the driveway caving in, the pool is damaged and the home structure is compromised," according to the lawsuit.
Busby, who was briefly hospitalized last year because of the stress from the flooding, declined to comment on the lawsuit, referring all questions to her attorneys.
Wilson said the lawsuit will end up costing the parties involved more than it would have if a settlement had been reached initially.
"Everybody keeps saying it's someone else's problem," he said. "When you include all the lawyers' fees and everything, it's going to be a very expensive case."
Information from The Telegraph's archives was used in this report.
has been notified of these and other difficulties with Bibb County Engineering concerning stormwater issues...
BIBB COUNTY BOARD OF COMMISSIONERS
September 19, 2006
ENGINEERING/PUBLIC WORKS COMMITTEE –Committee Chairman Bivins reported
1. The Committee recommends approval of the County Attorney’s recommendation
regarding the Busbee case.
On motion of Commissioner Bivins and carried, the recommendation
passed by a four-to-one (4-1) vote. Chairman Bishop cast the dissenting
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