Residents, South Dakota City Settle Suit Over Sewer Backups
Spearfish, S.D., residents who sued the city over sewer backups have settled out of court for an undisclosed amount of money.
Members of eight households in a five-block area in late 2013 filed a lawsuit that was scheduled to go to trial this month. It sought undisclosed damages.
“After weighing the pros and cons of continuing to fight, as a group we decided to take their offer,” homeowner Pete Davis told The Black Hills Pioneer.
The plaintiffs maintained that the city was negligent because it hadn’t maintained adequate sewer lines, leading to backups dating to 2008 that caused tens of thousands of dollars in damage in some homes. The city argued it wasn’t necessarily liable for damages caused by an infrastructure problem.
“Although resolved, there was no determination of fault on the part of the city,” City Attorney Tom Brady said.
The city’s insurer will cover its legal costs and the settlement amount, according to Brady’s office.
Although the plaintiffs have settled with the city, they remain frustrated, Davis said.
“One thing I think we can all agree on is that we were treated very poorly throughout the whole process, by the city officials, their lawyers, and their insurance company,” he said.
Brady said the city is meeting its obligation to residents.
“The city continues to provide high quality maintenance for over 80 miles of sewer lines by an exceptionally qualified and professional staff. Even then, backups still can occur resulting in damage for which the homeowner is responsible,” he said.