Date: Fri 03-Apr-1998
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.
