BAD VIBRATIONS

Anna Bonanomi / Power Transmission World

Construction induced construction sites can cause vibrations to other buildings that are within close proximity. Construction induced vibrations are claimed to cause adjacent building damage. They may also cause an injunction for further work, placing a burden on the contractor to changes their means and methods mid-project. While construction induced vibrations may be a nuisance for residents, it may also be the cause of cosmetic, architectural, and structural damages. Ground vibration claims may range from minor cracks in the exterior of a building to the collapsing of a building due to construction induced vibrations.

SALEM-KEIZER SUES CONSTRUCTION FIRM OVER FIRE DAMAGES AT WALDO MIDDLE SCHOOL

Crime Stoppers of Oregon / Salem Reporter

On December 10th, a complaint was filed by the Salem – Keizer School District against a construction contractor for failure to secure a construction site at Waldo Middle School allowing an arsonist to set fire to materials at the building. The property destruction will delay work on school renovations. The complaint is seeking $81,588 in damages plus attorney fees from Triplett Wellman, a Woodburn-based construction company.

The fire took place on April 29th, 2020 while construction was underway. The fire was declared arson after police reviewed the video surveillance footage from the school. Police concluded that the fire caused $250,000 worth of property damage. The claim is not putting the fault of the fire onto the construction company. The claim is indicating that the construction companies’ failure to properly secure the construction site led to $80,000 in damages and delays.

CINEPLEX AWARDED $1.24 BILLION IN DAMAGES IN TAKEOVER SUIT, CINEWORLD TO APPEAL

Tara Deschamps / Toronto Star

Cineplex Inc. claims they have won their court battle against the UK theater giant that was due to purchase their company before the start of the COVID-19 pandemic. An Ontario Superior Court of Justice ruled in Cineplex Inc.’s favor for breach of contract against its former suitor Cineworld Group PLC. Cineplex was awarded $1.24 billion towards damages and denied a counter claim by Cineworld. Cineworld noted that the court also ruled for them to pay Cineplex $5.5 million in lost transaction costs as well. Cineworld disagrees with this ruling and plans to appeal it in court. 

MOUNT JACKSON MAN CLAIMS SOLAR FARM WATER RUNOFF IS DAMAGING FIANCÉE’S PROPERTY

Colby Johnson / WHSV.com

A resident from Mount Jackson, Virginia, is claiming that Mount Jackson’s solar farm water runoff has caused property damage to his fiancée’s front yard. The couple live across the street from the solar farm. On September 1st, during Hurricane Ida, they recorded a video of water runoff coming onto the property and is claiming that it is evidence showing frequent water runoff and property damage.

Officials of Mount Jackson and Shenandoah County have examined the site and stated that there are no major erosion issues related to the solar farm. Town leadership has also claimed that many officials have examined the site and concluded that the solar farm is not at fault for the water runoff. Officials are also claiming water runoff comes with excessive rain in cases like Hurricane Ida, but not as frequently as the property owners claims.

TWO-ALARM FIRE BURNS RUBIO’S RESTAURANT IN OCEANSIDE

Courtesy of Oceanside Fire Department / NBC San Diego

At midnight on December 9th, a fire started in a stand-alone Rubio’s restaurant damaging the interior of the building. The restaurant was located on the corner of Oceanside Boulevard and College Boulevard in San Diego, California. Initially, fire fighters only saw smoke inside of the building and were taking an offensive approach to putting out the fire. They would later switch to a defensive position as the flames reached the roof of the building.

Ventilation holes were cut in the roof to increase visibility for fire fighters to locate the remaining flames. After about 25 minutes, all fire fighters exited the building due to concerns of the roof collapsing. Additional fire fighters were deployed and after about 4 hours, the fire was put out. No injuries were reported, and no damage estimate was immediately available.  

NEW STANDARD FOR PHASE I ENVIRONMENTAL REPORTS REQUIRES MORE RESEARCH ON MANY SITES

Phase I ESA ASTM Radius Map Report / GeoFoward.com

Environmental Consultants prepare to contribute to a new standard for Phase I Environmental Reports. Standard ASTM E1527-13 is being replaced by ASTM E1527-21 effecting 250,000 commercial real estate transactions yearly and mandating in-depth historical reviews at several locations. Historical reviews would include a requirement to examine adjoining properties history.

This change in standard was to determine the potential health risks posed by dry cleaning businesses.  Contamination from dry cleaning businesses are the leading source of environmental liability when conducting commercial real estate transactions. The new standard has also listed PFAS (per- and polyfluoroalkyl substances) as a “non-scope issue” that may need to be evaluated as a business risk similar to asbestos and mold.

KIRBY INLAND MARINE TO PAY $15.3 MILLION IN DAMAGES OVER 2014 OIL SPILL

kirbycorp.com

Kirby Inland Marine has agreed to pay $15.3 million to resolve the federal state claims of harming natural resources during the 2014 oil spill from Kirby barge in the Houston Ship Channel. In 2016, Kirby Inland Marine paid $4.9 million in civil penalties and injunctive relief measures to help prevent future oil spills and improve company operations. More compensation from Kirby Inland Marine was sought after for the 168,000-gallon oil spill. Kirby Inland Marine alleges the oil spill occurred when a tow boat attempted to push a 300-foot-long oil barge across the Houston Ship Channel and collided with a 585-foot-long deep-draft bulk cargo ship.

UTILITIES LIABLE WHEN NEGLIGENCE CAUSES DEATH OR PROPERTY DAMAGE

Howard Fischer, Capitol Media Services

The Arizona State Court of Appeals ruled on November 30th that state utilities cannot legally shield themselves from a lawsuit when their negligence harms an individual, kills an individual, or causes property damage. An Attorney for the Arizona Public Service argued that: although state utilities may protect themselves from lawsuits in the cases of incidental damage (such as economic losses from power interruptions and even damage to equipment due to voltage fluctuations), that does not apply in this case where a utility’s negligence to maintain the electrical distribution system has started a fire and caused property damage.

The assumption that state utilities were shieled from a lawsuit came from a misinterpretation of the Arizona Public Service Tariffs. The Arizona Public Service Tariffs (the rules that govern a relationship with customers) state that utilities are shielded against lawsuits of ordinary negligence. This assumption precluded Chao Xie and Yit Kiue Szeto from seeking damages from APS for damages to her property in Maricopa County caused by negligent maintenance of powerlines. This assumption also precluded a lawsuit by Lydia Briones who occupied the home. However, this was not ruled as ordinary negligence.

This property damage was a cause of unsafe transfer powerlines. A fire investigator had determined that the fire was caused by arching of the overhead powerlines on utility poles between the homes. The Court of Appellate did not believe the state utilities should be shielded from a lawsuit either do to arching along a service line does not fall under ordinary negligence.

LOOK BACK: 1942 MINE SUBSIDENCES DAMAGES PITTSTON BUILDINGS

Ed Lewis / Times Leader

On November 27, 1942, a mine subsidence in the town of Pittston, Pennsylvania, caused several families to evacuate their homes. The damages of the properties varied between jammed doors to foundations of properties on the verge of collapsing. Around 75 homes were left without water or gas. Policemen and firemen blocked off the road in case of fires or property damage. Approximately 36 hours later, another subsidence occurred in the same area.

An additional 10 homes were destroyed endangering roughly 40 families. Many of the residents were asleep as the second subsidence came without warning. Individuals became trapped in the debris of their buildings crumbling apart around them during the second subsidence. A third subsidence would come later from the hill section of South Pittston. Local schools had to shut down due to a cave-in. Then, a fourth disturbance would come from Oak Street and South Spring Alley damaging another 10 homes.

A total of 150 building, mostly homes, sustained damages during the four subsidence’s. The Mayor of Pittston has claimed that the Pagnotti Coal Company has made verbal agreements to restore any damaged property caused by the subsidence back to its original condition. It is speculated that the cause of these subsidence was due to over mining of the six main coal mines that undergo the towns local mountains.   

CLARKE SUPERVISORS: PROPERTY RIGHTS NOT TO BE RESTRICTED BY BATTLEFIELD BOUNDARY ASSESSMENT

The Memorial Day Foundation

Clark County Officials are attempting to define the exact location of the battle of Berryville, Virginia. Clark County Officials are maintaining that this is not an attempt to restrict land development rights. Being able to mark the exact location of this civil war battle ground would ensure that it would eventually be marked as a state and federal historical ground. Nearby property owners can get federal tax credits in order to preserve historical characteristics of their properties.

The battle of Berryville took place in September of 1864 on over 7,000 acres of land north and west of the town. Roughly 11,000 soldiers were involved and approximately 500 casualties occurred. The Federal Advisory Commission on Civil War Sites, commissioned by Congress to determine the war’s major battlefields and their current conditions ranked The battle of Berryville among the top 384 most significant battles. The National Park Service’s American Battlefield Protection Program has funded $39,427 towards research and locating exactly where the battle occurred. 

Home owners in the area have expressed their concerns with Berryville becoming a historical landmark because they worry this will put restrictions on land development. Residents have been told that The Board of Supervisors should have plenty of time to hear all the concerns from the residents before making a decision. The Board of Supervisors must also publicly discuss whether to proceed with the historical landmark or not. 

ST. PETERSBURG LAW FIRM WINS $4 MILLION SETTLEMENT AGAINST CITY HALL

Matt Lettelleir / St. Petersburg Chamber of Commerce

A settlement of $4 million was achieved by Howard P. Ross, ESO.,B.C.S. for TLM Investment Group I, LLC from the City of St. Petersburg on November 23, 2021. Back in September, the city of St. Petersburg was ordered to pay TLM nearly $3.1 million plus interest and attorney fees. In order to avoid the appeal, the city agreed to pay $4 million to resolve the lawsuit. This lawsuit was in regard to the termination and breach of commercial lease agreement from the city. This judgement was made based of off TMLs lost profits because they had not been permitted to complete their commercial projects.

CHELSEA, MASSACHUSETTS LANDLORD AND PROPERTY MANAGER AGREE TO PAY $80,000 TO SETTLE SECTION 8 FRAUD CASE

Robert Wood Johnson Foundation

A landlord / property manager from Chelsea, Massachusetts, has agreed to pay a $80,000 settlement after they had submitted false claims. The landlord / property manager admitted to receiving illegal water utility payments from three of the tenants in the section – 8 low-income housing program. The landlord had demanded water utilities payments during a period of time that they had contractually agreed not to charge rent or utilities. One of the tenants eventually sued under the whistleblower provisions of False Claims Act.

ALTO, NEW MEXICO RESIDENTS ASK COURT TO LABEL PROPOSED CONCRETE PLANT A NUISANCE IN LAWSUIT

Ray Mata III / Ruidoso News

A team of Alto, New Mexico, residents have filed a lawsuit to resist the proposed concreate plant being put into the community. Residents feel that if the concreate plant is established, the value of their properties will decrease. The lawsuit asks for the court to award a diminution of value on their properties if the concreate plant is established. One resident is claiming that the installation of the concrete plant would fundamentally alter the scenic, residential, and rural nature of the area.

LARGE FIRE DAMAGES MULTIPLE RESIDENTIAL BUILDINGS ON BALD HEAD ISLAND, NORTH CAROLINA

@JodiQHill / Twitter

A fire had started on November 20th on Bald Head Island, North Carolina. Both the Southport Fire Department and the Village of Bald Head Island have posted warnings onto their social media accounts telling the public to stay away from the area. As of Sunday morning, there has not been any word on exactly how much property damages have occurred and if there was anyone hurt due to the fire. The fire reportedly started near the lighthouse and cause several other buildings to start burning as well.

ONTARIO-BASED BUSINESS PAYS $300K TO THE ENVIRONMENTAL DAMAGES FUND AS PART OF AN ALTERNATIVE MEASURES AGREEMENT RELATED TO A HYDROCARBON SPILL

benzinga.com / Opera News

Canadian Enforcement Officers are attempting to enforce companies and individuals to comply with the Canadian Environmental Laws in order to maintain a clean and safe environment. In May of 2017, Environment and Climate Change Canada's enforcement officers responded to a resident reporting an oily substance floating onto of the Schneider Creek, which is a fish-bearing tributary of the Grand River.

After an investigation, it was determined that the oil had come from a demolition of a property owned by Drewlo Holding Inc. The company entered into an Alternative Measures agreement with the Director of Public Prosecution that was acting under the behalf of the Attorney General of Canada. They would be charged by Environment and Climate Change Canada under the Fisheries Act for depositing or permitting the deposit of a deleterious substance in water frequented by fish.

Drewlo Holdings Inc. agreed to pay $300,000 to the Government of Canada's Environmental Damages Fund. They also agreed to bring in a qualified environmental consultant to review the company’s current practices, evaluate existing compliances with the regulations, and develop a training program for employees in leadership positions. On November 10, 2021, it was confirmed that all measures on the outline had been completed by the company.

HOW GREATER USE OF ISSUE CLASS CERTIFICATION CAN BRING JUSTICE TO PLAINTIFFS

Alan Nochumson / Nochumson P.C.

Personal Injury cases may now be successfully litigated as class action for class certification and case resolution in personal injury cases and property damage cases. Rule 23(c)(4) states that "when appropriate, an action may be brought or maintained as a class action with respect to particular issues."

This would be known as Issue certification where essentially; this would create an alternate course for class certification by allowing for an overwhelming case to be divided into smaller piece. Issue Certification is going to allow for more "efficient adjudication of the controversy" which would only benefits all members involved with the case; Plaintiffs, Plaintiff Attorneys, Experts who would otherwise have to appear in court potentially hundreds of times, Defendants, and already-overburdened court systems. Certain lower dollar amount cases may benefit from this greatly as it is opening the door for smaller and more diverse cases that may not be otherwise economically viable to pursue.

SAN JOSE FINALLY REACHES SETTLEMENT WITH RENTERS AND PROPERTY OWNERS ON THE 2017 COYOTE CREEK FLOOD

Dai Sugano/Bay Area News Group

San Jose leaders approved a $750,000 settlement for 240 renters and property owners whose properties suffered damage in the 2017 Coyote Creek Flood. This settlement finally came 4 years after the residents of the area sued the Santa Clara Valley Water District and Santa Clara County. The claims alleged that residents were not properly warned of the flooding and that the defendants were aware of debris in the channel blocking the flow of water and did nothing to address the situation.

The 2017 Coyote Creek flooding forced 14,000 people to evacuate their properties. Although Santa Clara County was dismissed from the trial, Santa Clara Valley Water District is still active with a trial date of May 2, 2022. The $750,000 settlement was approved by the city council and residents say this money may all go towards hiring expert witnesses in their case against the water district.

EPA ADVANCES SCIENCE TO PROTECT THE PUBLIC FROM PFOA AND PFOS IN DRINKING WATER

Shutterstock/Dmitry Naumov

On November 16th, 2021, the U.S. Environmental Protection Agency (EPA) asked the agency’s Science Advisory Board to review draft documents in regard to the health effects of certain Per- and Polyfluoroalkyl Substances (PFAS). The EPA is hoping to find a scientific based approach in order to remove PFAS chemicals from public drinking water. They are also hoping to develop National Primary Drinking Water Regulations for these chemicals.

New research is showing that negative health effects may occur at a lower exposure rate than previously understood. The development of a maximum contaminate level (MCL) and a national primary drinking water regulation is also being discussed.

RESIDENTS REBUILD TOGETHER AFTER THE SIMILKAMEEN RIVER SWEPT THROUGH DAMAGING COMMUNITIES

Merritt, British Colombia City Camera

Residents are attempting to rebuild their community at Riverside RV resort outside of Keremeos, British Colombia, after the Similkameen River came up and flooded through properties on the morning of November 15th. Residents woke up to horns warning them to evacuate the area as the water levels were rising.

The community is now working to restore their neighborhoods. Several homeowners are depending on some form of financial assistance from the government as their insurance does not cover the damages caused by the flooding.

B.C. FLOOD UPDATE: CHILLIWACK SCHOOLS RE-OPEN, SOME ABBOTSFORD SCHOOLS REMAIN CLOSED

Alyse Kotyk / CTV News Vancouver

Rainfall hit southern British Columbia on November 14th and 15th causing wide spread flooding, mudslides, and rockslides. On November 22, 2021, reports of another storm starting later that week began to spread with estimates of 70 millimeters to fall upon Fraser Valley and up to 100 millimeters in the North Shore mountains and Howe Sound area.

A washout has caused a closure of highway 3 in both direction in between Hope and Princeton while the House of Commons has been called upon to have an emergency debate on the flooding and how to mitigate damages. Highway 1 in Sumas has been temporarily reopened to essential travelers only.