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Firm suing city over floods

October 23, 2000|By DAN KULIN /Staff Writer

Firm suing city over floods



More than four years after a torrential rain swept through Hagerstown, the Hagerstown Spring Works and the city are scheduled to meet in court to determine who's responsible for flood damage at the company.

The Spring Works is suing the city for $500,000, plus interest and costs.

A pre-trial hearing is scheduled for Nov. 17. The case is scheduled for a Dec. 18 jury trial in Washington County Circuit Court.

According to the lawsuit, Hagerstown Spring Works was damaged by floods on or about June 19, 1996.

In the lawsuit, Spring Works representatives claim the flooding was a result of city's negligence in constructing and maintaining stormwater management facilities.

The Spring Works is at 437 E. Baltimore St. near two city stormwater streams called Town and Marsh runs. Flooding from the runs also has been blamed for damage at Municipal Stadium, which is next to the Spring Works.

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Supporters of a plan to build a new stadium at Municipal Stadium have included in their plans a proposal to correct the flooding problem at the stadium by redirecting one of the runs.

Daniel Karp, a Baltimore lawyer representing the city in the Spring Works case, said the rains and any subsequent flooding was an act of God, for which the city cannot be held responsible.

The Spring Works case was filed in February 1999.

Spring Works President Philip Physioc Sr. referred all questions about the case to his attorney Gorman E. Getty III.

Getty could not be reached for comment.

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