TEXARKANA, Ark. -The owner of an apartment complex is suing the City of Texarkana, Arkansas, for alleged mismanagement of a stream on adjacent city-owned property.
The suit, filed Nov. 26 on behalf of Wayne Gruschow by Texarkana lawyer Charles Morgan in Miller County circuit court, alleges that the city has used the stream as a drainage ditch and failed to take steps to prevent damage and erosion to Grushow's property at 2409 Woodlands Drive on which the Granada Apartments sit. The suit alleges the city's use of the creek as a drainage ditch has caused erosion which has reduced the value of Gruschow's property.
Morgan declined to comment beyond the complaint. Texarkana, Ark., City Attorney George Matteson said the suit has been forwarded to the municipal league which provides representation in suits against the city. Hot Springs lawyer Burt Newell said he is currently in the process of reviewing the complaint and will file a response on the city's behalf by the Dec. 27 deadline.
Gruschow alleges his property has suffered a $50,000 reduction in value and claims the cost of preventing further erosion and damage is approximately $135,000.
"Arkansas law is clear that a landowner who sustains injury from overflow by reason of the diversion of a water course is entitled to damages from the one who caused it," the complaint states. "The defendant, the City of Texarkana, Ark., in the present case intentionally diverted the waters of a natural water course increasing the volume of water, excessive erosion and damage to plaintiff's land."
The suit alleges that the expense associated with repelling or keeping excess water from affecting Gruschow's property is "extraordinary" and is not reasonable.
"Defendant (the city) could have diverted the water into enclosed culverts that would have been able to handle the volume of water flowing across and eroding plaintiff's land. The installation of rock, rip rap and heavy stones along the banks of the stream would have prevented all the damages suffered by the plaintiff," the complaint states.
The complaint alleges that a city does not have sovereign immunity from lawsuits.
Gruschow is asking for a judgment that includes $50,000 for the alleged reduction in his property's value, includes $135,000 to fund measures to prevent future erosion, includes a minimum of $45,000 in attorney fees and for court costs. Gruschow is seeking an injunction preventing the city from diverting water into the drainage ditch to the west of Gruschow's land until measures to prevent damage to his property are implemented by the city.
The case has been assigned to Circuit Judge Brent Haltom. No hearings are currently scheduled and the city has not yet filed a response.