Lawyers clash in $21M water line lawsuit

SANDUSKY — A tug-of-war legal battle persists between lawyers opposing one another in a $21 million lawsuit.Referred to as a taxpayers' lawsuit, a Murray & Murray-filed case denounces both the engineering and construction companies overseeing water line work for Erie County about 15 years ago.Originating in 2016, the lawsuit claims this system, serving about 1,300 customers in rural county areas is compromised — evident by numerous pipes breaking, cracking and fracturing — because of improper installation and shoddy construction practices.The $21 million represents how much companies, or defendants, Burgess & Niple and Speer Bros. received from local water customers for their work. The plaintiffs seek this amount to fix what they're calling a flawed and botched system.Attorneys representing the defendants, for various reasons, want to delay, or halt, these proceedings.But the plaintiffs starkly disagree, desiring to move this case forward."This matter has been pending far too long, having been first filed two years ago," according to a statement filed last week by Murray & Murray. "It would not be proper for this court to issue a temporary stay of this case. Any stay issued in this case would do nothing more than to unnecessarily prolong and delay these proceedings."It's not known when the presiding judge could make a decision.In this 2013 photo, an Erie County water line worker removes broken pipe, damaged by sitting atop jagged, sharp rocks. Erie County's water line specifications require crews install stone bedding around the pipes. Pipe probeDocuments obtained by the Register throughout 2015 revealed a faulty water system marred by numerous construction issues — most of which Erie County commissioners knew about, but did nothing to remedy, during construction.Among the more pressing issues: The pipes aren't protected or surrounded with a solid stone foundation material. Instead, the line sits atop sharp, jagged rocks, which makes it extremely prone to breaking and thus resulting in premature failure.A rushed commission vote in April 2015 to increase water rates countywide, without prior notice or justification for these price hikes, prompted a series of public records requests. Information received yielded similar issues mentioned in the lawsuit.The botched zone in question serves about 1,300 customers, or roughly 13 percent of Erie County's total water customer base. Yet the remaining recipients, about 9,500 accounts, are also paying for these mistakes located outside their district through higher billing.Customers are paying about 10.5 percent more today on their water bills compared to two years ago.Prior to a lawsuit being filed, Erie County commissioner Pat Shenigo urged his colleagues, Tom Ferrell and Bill Monaghan, to pursue an independent investigation, which could have possibly pinpointed culprits responsible for shoddy construction work.But the two shut him out. Ferrell and Monaghan also trumped Shenigo, by a 2-1 vote, to raise the water rates.Shenigo, however, remains optimistic about finally finding answers to this unsolved mystery."We all want what is best for the community by taking a good, hard look at what appears to be a significant issue," Shenigo said. "There was $21 million spent back in the early 2000s to install 200 miles of water lines. The public deserves to know what it got for its money. It's unfortunate it took this many years to bring this to light, but hopefully, this action will resolve who is responsible for the long-term maintenance of this water system and ultimately what we all pay for water in Erie County."Ferrell no longer serves on the board. In January 2017, he was replaced by Matt Old, who supports Shenigo's, and opposes Ferrell's, stance on the water line issue."It's clear there is something major going on, and we need to get to the bottom of it," Old said.In this June 2016 photo, sharp, loose rocks surround a water line buried beneath Bardshar Road in Margaretta Township. Erie County's pipeline plan calls for a protective, solid stone material to completely enclose all water lines. Without the protective stone material, the pipes are prone to premature failure. A water line lawsuit, refiled in Erie County Common Pleas Court this week, calls this construction practice and others into question.Reach reporter Andy Ouriel at ouriel@sanduskyregister.com and follow him on Twitter @AndyOuriel.