Tough Row to Go: Kelley’s Row owners file lawsuit
By Andrea Bulfinch, Foster's Daily Democrat, Dover, N.H. | |
McClatchy-Tribune Information Services |
"Whose fault it is, it doesn't matter," Kelley said. "It's wiped us out."
On
Duffy described the scene as looking "like a fountain."
He said employees fought the backup for more than two hours.
Since then, the restaurant has closed its doors, laid off 24 employees and dealt with disappointing news from insurance companies.
They've also decided not to sit down and take the lack of accountability for what's happened from those involved.
"Nobody takes any type of ownership," Kelley said.
Listed in the lawsuit, according to Kelley and Duffy are general contractor,
According to what Duffy and Kelley understand, the ongoing construction project on First Street was in the process of relining a 30-inch sewer main
A first attempt at lining the sewer main was met with a failed inspection by a city engineer.
The lining process involved a city engineer-approved plan of plugging an upstream flow of the line with a 30-inch plug and installing an eight-inch bypass pumping system, which pumped across to the affected area before returning to a downstream manhole via another 30-inch plug.
The coating process, Duffy said, is most effective when the surface is as dry as possible.
A decision was made from someone involved with the project to install an upstream plug in the 10-inch line. That line is the same as the one Kelley's Row and the
According to information from both Kelley and Duffy, City Manager
That 10-inch plug, which restricted flow significantly, is the main contributor to what Community Services Director
Steele, who originally discussed with Foster's a lack of negligence on any party's part, was contacted around
Affected business owners were later told by Steele that he was misquoted and did not discuss any lack of negligence by involved parties.
Eastern Pipe Services, one of the companies named in the lawsuit recently filed, and was aware of the sewage backup that night, "did not want to stop the work and remove the 10-inch plug to restore full, unrestricted flow as directed (by Steele)," according to information provided by Kelley's Row owners.
Steele, according to what Kelley's Row owners have been told, "insisted they remove the plugs, and with the support of city workers this was completed, after which everything drained and no further drainage occurred."
When interviewed by Foster's
"To have this happen and wipe us is just outrageous," Duffy said. "And we're not going to take it."
While cleaning crews continue to work around the clock, the cellar pub resembles a construction site with the bar all but demolished. Upstairs, which had been the only operating portion of the restaurant immediately following the flooding event, chairs flipped over tabletops and boxed up liquor are the only indications of a restaurant.
Although the upstairs portion of the Irish restaurant was open for a short amount of time and a permit of assembly was granted by the fire department, the restaurant was losing roughly
At this point, Kelley and Duffy estimate it would take a quarter of a million dollars to get things up and running on solid ground.
And that's without considering the stigma attached to the type of flooding that occurred.
"This was man-made," Kelley said. "This was raw sewage."
Duffy said even if they reopen at some point, the long term impact is unknown.
No stranger to a fluctuating economy or traditional flooding and the resulting temporary closures, Kelley's Row has been not just a longtime establishment, they've been an inspiration to other business owners, Gilmore said.
"They also symbolize a business that's been able to thrive and survive over the years," she said.
She also said Dover Main Street, a group for which Kelley has been instrumental, has been brainstorming how to assist the restaurant as they recover.
City Manager
Joyal said the city has been trying to free up available funds through a program for community development grants and provides loans.
"We were looking to provide funds to complete the repairs," he said. "We're trying to do everything we can to help them get back on their feet."
Kelley and Duffy said they were appreciative of that effort but are hesitant to take on any loan that likely wouldn't complete the repairs needed and the two would still have to pay back.
Local restaurants meanwhile, have reached out to offer support and help in any way possible, including offers to employ staff recently laid off.
Although they are not looking to place blame and point fingers, Duffy and Kelley are looking for someone to "man up" and take responsibility.
"There's such an unknown on how long this could affect us," Kelley said.
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(c)2014 the Foster's Daily Democrat (Dover, N.H.)
Visit the Foster's Daily Democrat (Dover, N.H.) at www.fosters.com
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