Legal Question in Real Estate Law in Ohio

Drainage problem

I have a drainage ditch that runs through my property, through a culvert under the street, and into a lake on the property across the street. Three years ago the property owner across the street re-graded his property and installed several drainage pipes leading into the ditch. The city also installed a pipe along the road leading into the ditch. Since that time the ditch has not been maintained and weeds are completely blocking the flow of water resulting in flooding on my property.

After over a year of arguing with the city and pointing out the city ordinance they finally cited the owner. Four weeks later nothing has been done to correct the problem. Can the city be liable for damage to my property for failure to enforce the city ordinances in a timely manner or is my only recourse to go after the property owner? Also, does the city have some responsibility to maintain the ditch since they installed a drainage pipe that drains into the ditch?


Asked on 7/09/03, 4:08 pm

1 Answer from Attorneys

J. Norman Stark J. Norman Stark , Attorney, Architect

Re: Drainage problem

Dear "Flooded": You have a claim against your governmental body for their failure to maintain proper drainage. Please see my website at www.Jnormanstark.com for the article citing the law. There is insufficient space here to respond in detail. you may feel free to contact me by telephone if you require more assistance. Good luck. J. Norman Stark, Attorney and Architect. (216) 426-8400.

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Answered on 7/10/03, 3:23 am


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