by Andrea Cole
Stow -- A Summit County Common Pleas Court judge ruled that the city and Stow Engineer Bill Drew are not liable for flooding damages to a resident's property.
According to Law Director Joe Haefner, Robert Burton filed a civil lawsuit against the city and the engineer in 2005 "following severe flood damage to his home from backed-up sewage."
Burton filed the complaint because his Newcomer Road property, which was part of a proposed housing development, was damaged by flooding in 2005, according to a Summit County Court of Common Pleas court document.
While Burton alleges in the complaint that the city should have notified him of the possibility of flooding, Judge Mary Spicer ruled the city and Drew are not liable for the flooding damages.
Her ruling states Stow "has sovereign immunity, and cannot be held liable in this case."
"That was the ruling we expected," said Haefner.
Burton's attorney, Kevin Brown, could not be reached for comment at press time.