WALKER Cass County has settled a lawsuit over a street improvement project in Whipholt for $17,500, according to Administrator Robert Yochum.
Eric and Constance Netter had filed suit against the county, the road improvement contractor Reierson Construction and the landscape contractor NAR Landscape Services.
The case stemmed from a construction project on Whipholt Beach Road in 2008. During construction, Reierson placed steel plates over storm water grates along the road to prevent sediment from entering the storm drain system, according to Paul Reuvers, the contract attorney who represented Cass County.
Subsequently, there was significant rainfall on Sept. 26, 2008. Because the storm drains were covered, water pooled at the lowest section of the road, adjacent to the Netter cabin, then ran onto their property, Reuvers reported in a Sept. 29 letter to the board.
The Netter suit claimed damages from flooding. It maintaining the foundation for the Netter cabin was compromised and had to be replaced, according to Reuvers. They also claimed they needed to raise the cabin, because the grade of their driveway caused their cars to bottom out and they had ongoing concerns with flooding from the road project.
They claimed between $60,000 and $70,000 in damages.
Their settlement prevents any further claims against the county or contractors.
Reuvers said in his letter to the board the amount Reierson paid to Netters as a separate part of the settlement was sealed. It is his belief the total amount the Netters received under the settlement was about $40,000.
Reuvers informed the board he found the county's $17,500 share to settle the case was reasonable, because he estimated additional litigation costs for the county would have exceeded $25,000.
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