Erie judge hears fee request in Millcreek case

Dec. 17--Senior Erie County Judge John A. Bozza heard arguments today on whether he should award $3.4 million in legal fees to a Millcreek Township property owner who defeated the township in an eminent-domain case related to flooding.

The property owner, the Angela Cres Trust, wants the township to pay the fees and costs. The trustee of the trust is Laurel Hirt, a granddaughter of a co-founder of Erie Insurance Group.

The township is arguing that the size of the fees are unjustified, and that the trust filed the request too late. The trust is arguing the fees are reasonable, and that state law requires the township to pay them under the circumstances.

Bozza said he would rule at a later date. Depending on his decision, he said at the end of an hourlong hearing, he could hold another hearing on the reasonableness of the fees.

Led by Hirt, the Cres Trust successfully challenged the township's attempt to condemn about 800 feet of a drainage ditch on the trust's property, near the intersection of Heidler and Sterrettania roads in southwestern Millcreek. The township wanted to dredge the ditch to prevent flooding, and offered to compensate the Cres Trust in exchange for an easement.

The trust defeated the township in 2012, after a seven-year court fight, and the trust in October requested the township pay its legal fees.

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