Millcreek might face millions in legal fees [Erie Times-News, Pa.]

Oct. 26--A trust controlled by a Millcreek Township resident has sued the township to reimburse it for $3.4 million in legal costs the trust said it incurred in defeating the township's attempts to take a swath of property through eminent domain.

The request, made last week in Erie County Court, is the latest development in the eight-year legal fight between the township and resident Laurel Hirt, a granddaughter of the late H.O. Hirt, a co-founder of Erie Insurance Group. She lives on property in southwestern that is owned by the Angela Cres Trust, for which she is trustee.

The township in 2005 sued the trust to condemn, through eminent domain, 800 feet of a drainage channel on the trust property. The channel empties into Walnut Creek and runs through an area just northwest of Walnut Creek Middle School, at the intersection of Heidler and Sterrettania roads.

The township wants the property to widen the channel to help alleviate chronic flooding. The Cres Trust defeated the township's condemnation request in Erie County Court, and it is now seeking reimbursement of legal fees and costs.

Pennsylvania law allows a property owner who wins a condemnation case to recover legal fees from the municipality that sought the property. The township is expected to challenge the request.

___

(c)2013 the Erie Times-News (Erie, Pa.)

Visit the Erie Times-News (Erie, Pa.) at www.GoErie.com

Distributed by MCT Information Services