KALIDA — Kalida residents Edward and Michelle Knueve have filed a lawsuit against the village of Kalida for the village not having a development plan for a property that has caused damages to their property.
According to the lawsuit dated Aug. 28, 2019, from the Putnam County Common Pleas Court, the lawsuit alleges that the village has allowed construction without an approved development plan as well as tampering of its storm water system on property adjacent to the agents, who live at 157 Walnut Drive in Kalida dating back to 2017. Andy Knueve is the attorney representing the agents and he confirmed the lawsuit but would not comment.
The lawsuit states as a result of the non-conforming development of the property as well as the inaction of the village to remedy the situation, the agents have damage to their property and will continue to incur future damages if this matter is not rectified.
The Knueves are residents of the Village of Kalida and the lawsuit states the village has been aware of the development which is directly adjacent to their property.
To date, the village has not received from the developer the following: submission of a floodplain development permit, survey plat as required by respondent village subdivision regulations, engineered plans for driveways as required by Respondent Village Subdivision Regulations and engineered plans showing all proposed underground utilities.
The property in question to be adjacent to the agents is within a FEMA floodplain.
The village has a special purpose flood damage reduction ordinance which requires a flood hazard development application to be filed before work within a floodplain commences and also requires certain testing to be done.
The property in question began to be developed in 2017 and has continued development since. To date, the village has received no flood hazard development application nor conducted any of the required testing and has let the development of the property continue, the lawsuit states.
The lawsuit states the development as the property in question has disturbed over the one-acre threshold as outlined by Ohio EPA; however, the village and its appropriate officials have failed to require the developer to obtain a permit to date and have continued to allow the development to continue without obtaining a permit since 2017.
Part of the development of the property includes a non-approved embankment or “dike” type structure built near the agents’ property. In addition, during the development, drainage tiles have been cut and or destroyed and have not been replaced or removed.
According to the lawsuit, the non-action by the village to remedy the situation has left and continues to leave the agents at an enhanced risk for flooding onto their property.
On July 10, the village experienced a heavy rain where the agents property was flooded due to the inability of storm water to flow through the non-compliant property, causing extreme extensive damage to the agents’ property including but not limited to structures, foundations and in-ground pool.
The agents requested a writ of mandamus directing the village to remove the non-approved embankment on the parcel in question and repair or replace the drainage tiles that have been damaged during the development. They also requested a judgment again the village for damages the agents have sustained due to the village’s failure to enforce development of the property in question.
During a telephone interview Kalida Mayor Alan Gerdeman said he could not comment on the case, as it is pending.
Reach Jennifer Peryam at 567-242-0362.