Flooding at businesses along Route 19 in Peters results in lawsuit

In an attempt to thwart future flooding, owners of land and two businesses near Circle Drive and Washington Road in Peters Township experiencing what they called “multi-million dollars in damages” went to Washington County Court last week seeking injunctive relief.
The South Hills Lincoln Inc. automobile dealership, the owner of its property, Groff-Jacobs Real Estate Investments LP; and Beinhauer Realty LLP and the funeral home bearing the Beinhauer name filed suit against Schneider Real Estate Co. and what it called multiple “John Does.”
At the heart of the dispute is a tributary of Brush Run near the Washington-Allegheny County line. An underground conduit known as a culvert carries the tributary’s water beneath paved surfaces that parallel the west side of the highway.
The documents filed with the prothonotary say Schneider, of suburban Pittsburgh, has owned 2858 Washington Road at least since 1989 as a successor to Schneider Dairy Inc.
In 2005, sinkholes developed on the Schneider property, which previously housed a convenience store and dry cleaning business.
In more than 200 pages of documents, the plaintiffs claim that a 2012 culvert project drastically reduced the flow of stormwater beneath several businesses on Route 19, creating a dam that caused “massive flooding” in July 2013 and June 2018 where it had not occurred previously.
As 2.19 inches of rain fell on or about July 10, 2013, the Lincoln dealership said there was hundreds of thousands of dollars worth of damage to vehicles and the interior of the building, where water rose higher than eight inches.
Maintenance and repair services were set back for weeks, if not months, as the dealership fixed damage to vehicles instead of scheduling customers, “and dozens of damaged vehicles were sold, if at all, at discount,” according to the suit. The dealership claims it spent “upwards of $90,000 on additional repairs after the damaged cars were sold.”
Floodwater in the funeral home was much higher, destroying embalming equipment, furniture and a lawn mower, the suit alleges, and dry wall and flooring had to be replaced.
A storm on or about June 20, 2018, dropped more than three inches of rain, destroying more than 100 vehicles and reaching 30 inches in the funeral home, according to the suit.
“Because one may be an anomaly, but two looks like a pattern,” the affected businesses said in the suit they began to investigate the cause of flooding.
The owners of the two businesses and properties cited a recent report by KU Resources Inc. as the basis for the allegations. They also had Robinson Pipe Cleaning Co. conduct a camera survey of the culvert last November.
In their lawsuit, the plaintiffs said they provided Schneider a short time to check the area “with the assistance of engineering professionals.”
“Defendant Schneider has indicated that the restriction in the culvert may have been installed at some unknown time prior to the 2012 construction project.”
The property owners and businesses that initiated the suit contend that the scope of the 2012 project, as approved by various authorities, did not include culvert replacement or reduction of its capacity. They want the culvert to be restored to its original 120-inch-diameter size to avoid a repetition of flooding.
The plaintiffs, through three attorneys from the Cozen O’Connor law firm in Pittsburgh, are demanding action before the coming storm season. They also requested a jury trial to determine damages to the businesses.
Attorney Alan T. Silko of Bridgeville, an attorney for Schneider, said the matter is “being investigated,” and a response will be filed that details Schneider’s position.
As the litigation evolves, the affected businesses hope to substitute the names of “managers, agents, employees, independent contractors or affiliates” now designated under the “John Doe” label.