Amended complaint - PennFuture

GRACE MEDALLIS,andCOURT OF COMMON PLEAS OFLACKAWANNA COUNTY –CIVIL ACTION – EQUITYROBERT A. MEDALLIS,1215 Philo StreetScranton, PA 18508PlaintiffsNo. 03-EQ-60063v.NORTHEAST LAND DEVELOPMENT,LLC,1710 Madison AvenueDunmore, PA 18512andCJS DEV INC,1710 Madison AvenueDunmore, PA 18512andTRIPP CDC, INC.,1608 Dickens StreetScranton, PA 18509andCIDC-1, LLC,18 Aitkens StreetHudson, NY 12534andCITY OF SCRANTON,City Hall340 North Washington AvenueScranton, PA 18503and

SCRANTON REDEVELOPMENTAUTHORITY,538 Spruce StreetSuite 812Scranton, PA 18503DefendantsSECOND AMENDED COMPLAINTParties1. Plaintiffs Grace Medallis and Robert A. Medallis (the “Medallises”) areindividuals residing at 1215 Philo Street, Scranton, Pennsylvania 18508.2. Defendant Northeast Land Development, LLC (“NLD”), is a private corporationwith an office located at 1710 Madison Avenue, Dunmore, Pennsylvania 18512.3. Defendant CJS DEV INC is a Pennsylvania corporation with an office located at1710 Madison Avenue, Dunmore, Pennsylvania 18512.4. Defendant Tripp CDC, Inc., is a Pennsylvania corporation with an office locatedat 1608 Dickens Street, Scranton, Pennsylvania 18509.5. Defendant CIDC-1, LLC, is a limited liability company with an office located at18 Aitkens Street, Hudson, New York 12534.6. Defendant City of Scranton is a Pennsylvania municipality with a registeredoffice at 340 North Washington Avenue, Scranton, Pennsylvania 18503.7. Defendant Scranton Redevelopment Authority (the “SRA”) is a public authoritywith an office located at 538 Spruce Street, Suite 812, Scranton, Pennsylvania18503.

Background8. At all times relevant hereto, the Medallises were and are the lawful owners andoccupants of the property located at 1215 Philo Street, Scranton, Pennsylvania18508 (the “Medallis Property”).9. NLD is the developer of the Village of Tripp Park, a residential developmentlocated in Scranton, Pennsylvania (“Tripp Park”).10. Upon information and belief, CJS DEV INC is an affiliate of NLD involved withTripp Park.11. More specifically, CJS DEV INC was issued several notices of violation by thePennsylvania Department of Environmental Protection (“DEP”), in connectionwith development activities at Tripp Park, for failure to implement effective BestManagement Practices, failure to maintain effective Best Management Practices,failure to comply with permit conditions, failure to prevent sediment or otherpollutant discharge into waters of the Commonwealth, and site conditions thatpresent a potential for pollution to waters of the Commonwealth.12. Upon information and belief, Tripp CDC, Inc., is an affiliate of NLD involvedwith Tripp Park.13. More specifically, Tripp CDC, Inc., holds the deed for Tripp Park.14. More specifically, Tripp CDC, Inc., holds NPDES Permit No. PAR10N1161 forthe discharge of stormwater from Tripp Park into the Lackawanna River.15. Upon information and belief, CIDC-1, LLC, is an affiliate of NLD involved withTripp Park.

16. More specifically, CIDC-1, LLC, granted and conveyed the deed for Tripp Parkto Tripp CDC, Inc.17. More specifically, CIDC-1, LLC, was issued several notices of violation by DEP,in connection with development activities at Tripp Park, for failure to implementeffective Best Management Practices, failure to maintain effective BestManagement Practices, failure to comply with permit conditions, failure toprevent sediment or other pollutant discharge into waters of the Commonwealth,and site conditions that present a potential for pollution to waters of theCommonwealth..18. The City of Scranton has enacted and is responsible for enforcing a Subdivisionand Land Development Ordinance, adopted by the City Council of the City ofScranton on March 27, 1996, as Ord. No. 12-1996, and located at Chapter 423 ofthe Code of the City of Scranton, Pennsylvania (the “SALDO”).19. At all times relevant hereto, the City of Scranton owned, maintained andcontrolled, and owns, maintains and controls, certain drainage facilities located onthe 1200 Block of Pierce Street.20. At all times relevant hereto, the SRA was and is the lawful owner of that certainparcel located in Scranton, Pennsylvania, at the end of Pierce Street, identified byParcel Identification Number (“PIN #”) 13415 (the “SRA Property”).21. As required by the SALDO, NLD submitted to the City of Scranton a final plan todevelop Tripp Park.22. The City of Scranton approved the final plan to develop Tripp Park submitted byNLD.

42. The additional volume of stormwater runoff increases the likelihood ofdowngradient flooding, channel erosion and water quality impacts.Impacts43. The drainage channel on the SRA Property has experienced severe erosion sinceconstruction of Tripp Park began.44. Since construction of Tripp Park began, a gorge approximately eight feet deep hasformed at the outlet of the pipe coming from Tripp Park at the head of thedrainage channel on the SRA Property.45. The SRA Property contains debris, including but not limited to tires andappliances.46. The eroded material and debris gather in the culvert at the end of the drainagechannel just above the Medallis Property, clogging the existing storm sewersystem.47. During storm events, the drainage facilities located on the 1200 Block of PierceStreet overflow, back up, and otherwise malfunction, resulting in inundation ofthe Medallis Property with stormwater, and causing substantial, severe, andongoing damage as described below.48. Mr. Medallis or a member of his family has lived at the Medallis Property sinceapproximately 1955.49. Prior to the time that construction of Tripp Park began, the Medallises did notexperience any flooding problems on the Medallis Property during storm events.

50. Since construction of Tripp Park began, high volumes of water and erodedmaterial and debris have flowed toward and entered upon the Medallis Propertyduring storm events.51. The combination of overflow of the storm drainage facilities in the 1200 Block ofPierce Street coupled with resulting inundation of the Medallis Property constitutea dangerous condition which created and continues to create a reasonablyforeseeable risk of the kind of harm which the Medallises have suffered andcontinue to suffer.52. The Medallises must sandbag their property during storm events to protect theirhome from stormwater runoff, eroded material and debris.53. The Medallises have installed five to six tons of gravel on their driveway over thelast several years to replace the material that has been washed away bystormwater runoff.54. The flooding problems have reduced the estimated market value of the MedallisProperty.55. The Medallises live in constant fear that their property and home will be damagedduring a storm event.56. The Medallises live in constant fear that their persons will be injured during astorm event.57. Plaintiffs’ remedies at law are inadequate, because damages alone will not renderPlaintiffs economically whole.58. Plaintiffs will suffer irreparable harm if their prayer for injunctive relief is notgranted.

COUNT I(Medallises v. NLD, CJS DEV INC, Tripp, CDC, Inc., and CIDC-1, LLC)UNLAWFUL DIVERSION AND CONCENTRATION OF WATER59. The preceding paragraphs are hereby incorporated as if fully set forth herein.60. Under Pennsylvania common law, a landowner may not alter the natural flow ofsurface water on his property by diverting or concentrating it in an artificialchannel and discharging it upon the lower land of his neighbor.61. NLD has altered the natural flow of stormwater from pre-development conditionson the site of Tripp Park by diverting and concentrating it through artificialchannels and discharging it upon the Medallis Property.62. Upon information and belief, and for the reasons described above, the acts oromissions of CJS DEV INC, Tripp, CDC, Inc., and CIDC-1, LLC, havecontributed to this diversion and concentration of water.63. NLD, CJS DEV INC, Tripp, CDC, Inc., and CIDC-1, LLC, are in violation ofPennsylvania common law, resulting in the impacts described above.WHEREFORE, Plaintiffs Grace Medallis and Robert A. Medallis respectfullyrequest that this Court:a) Order Defendants NLD, CJS DEV INC, Tripp, CDC, Inc., and CIDC-1, LLC, tocease and desist from altering the natural flow of stormwater from predevelopmentconditions on the site of Tripp Park by diverting and concentrating itthrough artificial channels and discharging it upon the Medallis Property.

) Order Defendants NLD, CJS DEV INC, Tripp, CDC, Inc., and CIDC-1, LLC, tostudy or cause to be studied remedies to the flooding problem on the MedallisProperty, including those that return the site of Tripp Park as closely as possibleto its pre-development hydrologic conditions and do not merely shift the burdento other downgradient properties or cause harm to the environment.c) Order Defendants NLD, CJS DEV INC, Tripp, CDC, Inc., and CIDC-1, LLC, toimplement or cause to be implemented remedies to the flooding problem on theMedallis Property, including those that return the site of Tripp Park as closely aspossible to its pre-development hydrologic conditions and do not merely shift theburden to other downgradient properties or cause harm to the environment.d) Enjoin Defendants NLD, CJS DEV INC, Tripp, CDC, Inc., and CIDC-1, LLC,from seeking any approval of additional phases for Tripp Park until such time asthey resolve the flooding problem on the Medallis Property.e) Enjoin Defendants NLD, CJS DEV INC, Tripp, CDC, Inc., and CIDC-1, LLC,from seeking any permits or approvals in connection with Tripp Park until suchtime as they resolve the flooding problem on the Medallis Property.f) Enjoin Defendants NLD, CJS DEV INC, Tripp, CDC, Inc., and CIDC-1, LLC,from seeking the return of any corporate bond or other security posted inconnection with Tripp Park until such time as they resolve the flooding problemon the Medallis Property.g) Award Plaintiffs their past damages sustained as a result of the flooding problem,including but not limited to, the reduced estimated market value of the MedallisProperty that the flooding problems have caused, the cost of the gravel Plaintiffs

have had to replace on their driveway, the cost of the sandbags Plaintiffs have hadto purchase to protect their property, and the value of the time Plaintiffs havespent responding to the flooding problems on their property.h) Award Plaintiffs any future damages they may sustain as a result of the floodingproblem.i) Award Plaintiffs their costs and expenses in bringing this lawsuit, includingreasonable attorneys and experts fees.j) Retain jurisdiction over this action to ensure compliance with the Court’s decree.k) Grant such other relief to Plaintiffs as the Court may deem just and appropriate.COUNT II(Medallises v. NLD, CJS DEV INC, Tripp, CDC, Inc., and CIDC-1, LLC)UNLAWFUL CHANGE IN QUANTITY OF WATER64. The preceding paragraphs are hereby incorporated as if fully set forth herein.65. Under Pennsylvania common law, a landowner may not unreasonably orunnecessarily change the quantity of water it discharges upon a lower owner.66. NLD has unreasonably and unnecessarily changed the quantity of the stormwaterfrom pre-development conditions it discharges upon the Medallis Property.67. Upon information and belief, and for the reasons described above, the acts oromissions of CJS DEV INC, Tripp, CDC, Inc., and CIDC-1, LLC, havecontributed to this change in quantity of water.68. NLD, CJS DEV INC, Tripp, CDC, Inc., and CIDC-1, LLC, are in violation ofPennsylvania common law, resulting in the impacts described above.

WHEREFORE, Plaintiffs Grace Medallis and Robert A. Medallis respectfullyrequest that this Court:a) Order Defendants NLD, CJS DEV INC, Tripp, CDC, Inc., and CIDC-1, LLC, tocease and desist from unreasonably and unnecessarily changing from predevelopmentconditions the quantity of the stormwater they discharge upon theMedallis Property.b) Order Defendants NLD, CJS DEV INC, Tripp, CDC, Inc., and CIDC-1, LLC, tostudy or cause to be studied remedies to the flooding problem on the MedallisProperty, including those that return the site of Tripp Park as closely as possibleto its pre-development hydrologic conditions and do not merely shift the burdento other downgradient properties or cause harm to the environment.c) Order Defendants NLD, CJS DEV INC, Tripp, CDC, Inc., and CIDC-1, LLC, toimplement or cause to be implemented remedies to the flooding problem on theMedallis Property, including those that return the site of Tripp Park as closely aspossible to its pre-development hydrologic conditions and do not merely shift theburden to other downgradient properties or cause harm to the environment.d) Enjoin Defendants NLD, CJS DEV INC, Tripp, CDC, Inc., and CIDC-1, LLC,from seeking any approval of additional phases for Tripp Park until such time asthey resolve the flooding problem on the Medallis Property.e) Enjoin Defendants NLD, CJS DEV INC, Tripp, CDC, Inc., and CIDC-1, LLC,from seeking any permits or approvals in connection with Tripp Park until suchtime as they resolve the flooding problem on the Medallis Property.

f) Enjoin Defendants NLD, CJS DEV INC, Tripp, CDC, Inc., and CIDC-1, LLC,from seeking the return of any corporate bond or other security posted inconnection with Tripp Park until such time as they resolve the flooding problemon the Medallis Property.g) Award Plaintiffs their past damages sustained as a result of the flooding problem,including but not limited to, the reduced estimated market value of the MedallisProperty that the flooding problems have caused, the cost of the gravel Plaintiffshave had to replace on their driveway, the cost of the sandbags Plaintiffs have hadto purchase to protect their property, and the value of the time Plaintiffs havespent responding to the flooding problems on their property.h) Award Plaintiffs any future damages they may sustain as a result of the floodingproblem.i) Award Plaintiffs their costs and expenses in bringing this lawsuit, includingreasonable attorneys and experts fees.j) Retain jurisdiction over this action to ensure compliance with the Court’s decree.k) Grant such other relief to Plaintiffs as the Court may deem just and appropriate.COUNT III(Medallises v. City of Scranton)NEGLIGENCE69. The preceding paragraphs are hereby incorporated as if fully set forth herein.70. Liability for negligence arises from the breach of a legally recognized duty orobligation that is causally connected to the damages suffered by the complainant.71. The City of Scranton has a duty to maintain the storm drainage facilities locatedon the 1200 Block of Pierce Street.

72. The storm drainage facilities located on the 1200 Block of Pierce Street create adangerous condition, as described above.73. This dangerous condition created and creates a reasonably foreseeable risk of thekind of injury which was incurred and which continues to be incurred.74. The City of Scranton has been on notice of the dangerous condition but has nottaken measures effectively to protect against the dangerous condition, which stillexists.75. The City of Scranton has breached its duty to maintain the storm drainagefacilities located on the 1200 Block of Pierce Street, resulting in the impactsdescribed above.76. The City of Scranton has a duty to enforce certain provisions of its SALDO.77. The development of Tripp Park has been inconsistent with certain provisions ofthe SALDO set forth at Section 423-59, relating to stormwater management.78. The City of Scranton breached its duty to enforce certain provisions of theSALDO set forth at Section 423-59, resulting in the impacts described above.79. The City of Scranton breached its duty to enforce certain provisions set forth atSection 423-15, relating to enforcement against any action inconsistent with theprovisions of the SALDO, resulting in the impacts described above.WHEREFORE, Plaintiffs Grace Medallis and Robert A. Medallis respectfullyrequest that this Court:a) Order City of Scranton to maintain the storm drainage facilities located on the1200 Block of Pierce Street, including to repair and correct such facilities so that

they sufficiently capture the increased volume of stormwater that has resultedfrom Tripp Park.b) Order City of Scranton to study or cause to be studied remedies to the floodingproblem on the Medallis Property, including those that return the site of TrippPark as closely as possible to its pre-development hydrologic conditions and donot merely shift the burden to other downgradient properties or cause harm to theenvironment.c) Order City of Scranton to implement or cause to be implemented remedies to theflooding problem on the Medallis Property, including those that return the site ofTripp Park as closely as possible to its pre-development hydrologic conditionsand do not merely shift the burden to other downgradient properties or cause harmto the environment.d) Enjoin Defendant City of Scranton from granting Defendants NLD, CJS DEVINC, Tripp, CDC, Inc., and CIDC-1, LLC, any approval of additional phases forTripp Park until such time as they resolve the flooding problem on the MedallisProperty.e) Enjoin Defendant City of Scranton from granting Defendants NLD, CJS DEVINC, Tripp, CDC, Inc., and CIDC-1, LLC, any permits or approvals in connectionwith Tripp Park until such time as they resolve the flooding problem on theMedallis Property.f) Enjoin Defendant City of Scranton from granting Defendants NLD, CJS DEVINC, Tripp, CDC, Inc., and CIDC-1, LLC, the return of any corporate bond or

other security posted in connection with Tripp Park until such time as they resolvethe flooding problem on the Medallis Property.g) Award Plaintiffs their past damages sustained as a result of the flooding problem,including but not limited to, the reduced estimated market value of the MedallisProperty that the flooding problems have caused, the cost of the gravel Plaintiffshave had to replace on their driveway, the cost of the sandbags Plaintiffs have hadto purchase to protect their property, and the value of the time Plaintiffs havespent responding to the flooding problems on their property.h) Award Plaintiffs any future damages they may sustain as a result of the floodingproblem.i) Award Plaintiffs their costs and expenses in bringing this lawsuit, includingreasonable attorneys and experts fees.j) Retain jurisdiction over this action to ensure compliance with the Court’s decree.k) Grant such other relief to Plaintiffs as the Court may deem just and appropriate.COUNT IV(Medallises v. SRA)TRESPASS80. The preceding paragraphs are hereby incorporated as if fully set forth herein.81. Liability for trespass arises from the intentional entry upon the land of anotherwithout privilege.82. The SRA has allowed eroded material and debris from the SRA Property to enterthe Medallis Property.83. The Medallises did not authorize the entrance of this eroded material and debrisfrom the SRA Property upon the Medallis Property.

84. The Medallises have advised the SRA that eroded material and debris from theSRA Property have entered upon the Medallis Property.85. The SRA continues to allow eroded material and debris from the SRA Property toenter the Medallis Property.WHEREFORE, Plaintiffs Grace Medallis and Robert A. Medallis respectfullyrequest that this Court:a) Order Defendant SRA to cease and desist storing debris on the SRA property andallowing it and eroded material to enter the Medallis Property.b) Award Plaintiffs their costs and expenses in bringing this lawsuit, includingreasonable attorneys and experts fees.c) Retain jurisdiction over this action to ensure compliance with the Court’s decree.d) Grant such other relief to Plaintiffs as the Court may deem just and appropriate.COUNT V(Medallises v. SRA)NUISANCE86. The preceding paragraphs are hereby incorporated as if fully set forth herein.87. A nuisance is the nontresspassory invasion of another’s interest in the use and inthe enjoyment of land.88. The storing of debris by SRA on the SRA Property invades the interest of theMedallises in the use and in the enjoyment of the Medallis Property, as describedabove.WHEREFORE, Plaintiffs Grace Medallis and Robert A. Medallis respectfully requestthat this Court:

a) Order Defendant SRA to cease and desist storing debris on the SRA property andallowing it and eroded material to enter the Medallis Property.b) Award Plaintiffs their costs and expenses in bringing this lawsuit, includingreasonable attorneys and experts fees.c) Retain jurisdiction over this action to ensure compliance with the Court’s decree.d) Grant such other relief to Plaintiffs as the Court may deem just and appropriate.___________________________________Brian Glass, Staff AttorneyID No. 89405Charles McPhedran, Senior AttorneyID No. 60123Citizens for Pennsylvania's Future (PennFuture)1518 Walnut St., Ste. 1100Philadelphia, PA 19102(215) 545-9694 Telephone(215) 545-9637 Facsimileglass@pennfuture.orgATTORNEYS FOR PLAINTIFFS GRACEMEDALLIS AND ROBERT A. MEDALLISDated: ____________________

GRACE MEDALLIS,andCOURT OF COMMON PLEAS OFLACKAWANNA COUNTY –CIVIL ACTION – EQUITYROBERT A. MEDALLIS,1215 Philo StreetScranton, PA 18508PlaintiffsNo. 03-EQ-60063v.NORTHEAST LAND DEVELOPMENT,LLC,1710 Madison AvenueDunmore, PA 18512andCJS DEV INC,1710 Madison AvenueDunmore, PA 18512andTRIPP CDC, INC.,1608 Dickens StreetScranton, PA 18509andCIDC-1, LLC,18 Aitkens StreetHudson, NY 12534andCITY OF SCRANTON,City Hall340 North Washington AvenueScranton, PA 18503and

SCRANTON REDEVELOPMENTAUTHORITY,538 Spruce StreetSuite 812Scranton, PA 18503DefendantsVERIFICATIONI, Grace Medallis, hereby state that the facts above set forth are true and correct tothe best of my knowledge, information and belief and that I expect to be able to prove thesame at any hearing held in this matter. I understand that the statements herein are madesubject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification toauthorities.____________________Grace Medallis____________________DatedI, Robert A. Medallis, hereby state that the facts above set forth are true andcorrect to the best of my knowledge, information and belief and that I expect to be able toprove the same at any hearing held in this matter. I understand that the statements hereinare made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification toauthorities.____________________Robert A. Medallis____________________Dated