Business owner still waiting for city to fix drainage issues – The Advocate-Messenger
Almost five years after the flooding of her downtown business and four years since she sued the city for recurring flooding, alleging the city created drainage problems and failed to resolving the situation, Cathy Lynch is still waiting for a solution to her problem.
After heavy rains that flooded the area last week on July 1, Lynch said she once again had to spend time and money cleaning up her property after the Changez design team flooded. located at 129 East Main Street, right next to Domino’s and Dollar General Store.
In a letter to The Advocate-Messenger, Lynch wrote: “It will be five years since my devastating flood. I had never had a problem before Danville approved the new development next to me regardless of groundwater or stormwater runoff. Danville made matters worse due to poorly functioning storm sewers.
She said: “I have been at this place for 21 years.” And six years before moving there, his hair salon was located just across the street, next to the convenience store and the Valero Log Cabin gas station where the post office is now located.
“This end of town was never inundated before the development of Dollar General Store, Domino’s, Farmers National Bank and the Post Office.”
Lynch added, “Stormwater drainage in the town of Danville is woefully inadequate. This allowed me to be the low point and add storm sewers designed to act as a relief valve that backs up into my property like a pressure cooker. The water cannot go through the drainage pipes but comes out into my yard, which is designed to be flooded when it rains a lot.
Lynch said, “I don’t want to sound like a ‘Debbie Downer.’ But it’s just frustrating and annoying. But on the other hand, I love Danville and I’m proud to call it my hometown.
She said last week’s flooding was not as severe as when it happened in 2016, but still had to spend time and money cleaning up her property. “I had to stop working one day and fix the problems the next day to deal with the flooding. “
Lynch said she wanted the city to fix the drainage system and put in house-sized pipes “to reduce future damage.”
“I feel like I’ve been forgotten. Or they hoped I wouldn’t do anything or run out of money. I felt they didn’t care about me, my family, my livelihood or my staff and clients. I also felt that I was not as important as other business owners or people with influence.
Lynch said, “I was in good faith when they initially told me that they would look into this and fix the issue. … I feel like they are wrong, but I don’t want to take the time or the money to solve the problem of a small independent business owner like me.
According to the voluminous file of the last four years, several applications have been filed.
The most recent include:
• On January 22, 2021, Danville filed a motion to compel Lynch “to provide his expert report and for the award of fees and expenses associated with this motion. … The complainants have had more than three years to produce their expert reports and related information requested in the discovery. They failed to do so. “
In short, the motion called for Lynch’s written expert reports within 30 days; produce experts for a deposition within 90 days; and pay the fees and expenses of the city attorneys “associated” with this petition.
• On April 6, 2021, Judge Darren Peckler wrote that after hearing the city’s argument on March 3, Lynch’s attorney was ordered to provide his expert reports and make them available for trial. deposition.
He also denied the city’s claim for attorney fees.
• On May 7, 2021, a pre-trial conference was postponed to June 9.
• On June 10, 2021, lawyers for Lynch and the City of Danville accepted the judge’s order that “when the parties are ready to schedule the pre-hearing conference, either party can file a motion” for fix the date.
Lynch is represented by local lawyer William R. Erwin. Danville and Kentucky League of Cities, both of whom are named as defendants in the lawsuit, are represented by Todd Osterloh.