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Date: Fri 03-Apr-1998

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Date: Fri 03-Apr-1998

Publication: Bee

Author: ANDYG

Quick Words:

WPCA-lawsuits-sewers

Full Text:

Dozens Of Lawsuits Contest Sewer Assessments

BY ANDREW GOROSKO

The Water Pollution Control Authority (WPCA) has been named the defendant in

more than two dozen lawsuits that challenge the sewer assessments levied by

the WPCA on 30 properties.

In the appeals filed in Danbury Superior Court, the many plaintiffs allege the

WPCA has levied sewer assessments on their properties that are too high.

Through the lawsuits the plaintiffs seek to have a judge reduce the sewer

assessments.

In general, the lawsuits contend that the WPCA has overestimated the market

value that will be added to the various properties by their access to

municipal sanitary sewers, thus adversely affecting the marketability of those

properties.

In the aggregate, the sewer assessments being contested amount to almost $4.4

million.

Most of the lawsuits have been filed by property owners with commercial or

industrial holdings, representing the real estate with the highest sewer

assessments.

The WPCA has set the standard residential sewer assessment at $9,900, rather

than attempting the complex task of calculating the specific value that access

to sewers adds to each residential property.

In the case of non-residential properties such as stores, businesses,

factories, schools, churches, and various public buildings, the WPCA

calculated the specific value that sewer access would add to those buildings.

In most cases, non-residential properties have much higher sewer assessments

than residences.

Contested Assessments

The highest sewer assessments being contested are: Newtown Shopping Village

Limited Partnership for Newtown Shopping Center at 6 Queen Street, $601,400,

and at 8 Queen Street, $54,090; Eton Centers Company for the Grand Union

shopping center at 5 Queen Street, $497,520, and 26 Church Hill Road, $22,209;

Nancy B. Keefe (Gypsum Specialists), 20 Commerce Road, $493,160; Charter

Communications/Entertainment I, Limited Liability Corporation, 11 Commerce

Road, $352,118; and The Taunton Press, Inc, 52 Church Hill Road, $171,684; 10

Mile Hill Road, $112,770; and 6 Mile Hill Road, $48,510.

Other lawsuits involve:

John Morganti and Sons, LLC, (office building) 30 Church Hill Road, $213,363.

Martin Bennett, (US Post Office), 5 Commerce Road, $208,980.

Sonics and Materials, Inc, 55-A Commerce Road, $176,490.

National Shooting Sports Foundation, Inc, 11 Mile Hill Road, $175,770.

Five Industrial Park Associates, 14 Commerce Road, $173,790.

Pepper Partners Limited Partnership, (total of four sewer assessments,

$163,440); 37 Church Hill Road, $55,350; 47 Church Hill Road (Church Hill Gas

Stop) $38,790; 18 Church Hill Road, $35,460; 14 Church Hill Road, $33,840.

TUV Rheinland of North America, Inc, 12 Commerce Road, $153,546.

Michael and Valerie Sorrentino, (total of two assessments, $130,590), 59-61

Church Hill Road (Newtown Hardware/Drug Center) $120,690 and $9,900.

Lexington Gardens of Newtown, Inc, and George H. Cladis, Lexington Gardens, 32

Church Hill Road, $114,930.

Spiro Rountos, (shopping center) 43 South Main Street, $99,083.

Newtown Country Club Realty Corp, Newtown Country Club, 3 Country Club Road,

$96,390.

Technical Investments, Inc, 14 Church Hill Road, $81,900.

Bryson M. Filbert, Jr, and Richard and Nina Frankonis, (retail/office), 34

Church Hill Road, $68,130.

Newtown Chiropractic Health Center, Inc, 54 South Main Street, $58,140.

Exit 10 I-84 Associates, (John Morganti and Sons, LLC, and Quarter Mile

Company, LLC), (bank), 1 Commerce Road, $57,420.

William Pitt Real Estate Limited Partnership, (offices) 13 Church Hill Road,

$44,910.

Other Lawsuits

Besides the numerous lawsuits seeking reduced sewer assessments, two property

owners are suing the WPCA over damage they claim was done to their properties

as a result of sewer construction work.

James E. Knapp, owner of 22 Oakview Road, and Donald M. Cavanaugh, owner of 8

Berkshire Road, are seeking money damages. The men say their properties were

physically damaged as a result of the sewer construction project.

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