Reese sues over damage to her Millcreek home

Jan. 26--Millcreek businesswoman Donna Reese is seeking more than $250,000 in damages for flooding that she said damaged her home after developers began clearing trees before heavy rains in spring 2013.

The suit was filed Thursday in U.S. District Court in Erie against the developers of The Hammocks at Millcreek, 4600 Zuck Road. The Hammocks is a resort-style, 270-unit apartment complex that's under construction.

Reese, 48, a member of the Millcreek School Board, said her home at 4057 Calico Drive was damaged after rain from heavy storms May 28 and June 1 ran from the development down a slope in her backyard.

In the suit filed by Reese's attorney, Tibor Solymosi, she said 2.32 inches of rain fell May 28 and stormwater runoff from The Hammocks property flooded her property and filled her basement with more than 3 feet of water.

Then on June 1, another 1.33 inches of rain fell and the runoff from the site again flooded her property, the suit states. "As a direct result of the second flooding, the plaintiff's basement wall collapsed and the entire basement filled with stormwater runoff, silt and debris," according to the suit.

The suit claims the flooding was caused by the "negligence, carelessness, recklessness, and outrageous conduct" on the part of the defendants by altering and adversely affecting runoff from The Hammocks and failing to put in erosion and sediment controls.

The defendants are Riedman Development Corp., RWF Millcreek LLC and @Home Builders LLC, of Rochester, N.Y., which the suit identifies as the respective owner, developer and general contractor for the apartment complex. The suit also names Pooler Enterprises Inc., of Fisher, N.Y., and Clean Harbors Environmental Services Inc., of Norwell, Mass., the subcontractors who cleared the site, as other defendants.

David Riedman, owner and president of Riedman Development, could not be reached for comment. But he said in a prior interview that the tree removal did not lead to a change or increase in water runoff.

He also said that while some trees were removed, it was the first work required before construction started on a stormwater control pond on the northernmost part of the property. Since the pond was put in, Reese said her house has been "bone dry," but she still worries every time it rains.

Insurance only covered $5,000 for cleaning up a sewage backup in her garage, she said. "This has really put me in financial crisis," she said.

JOHN GUERRIERO can be reached at 870-1690 or by e-mail. Follow him on Twitter at twitter.com/ETNguerriero.

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