The proprietor of the Abington Procuring Middle straddling South Abington Twp. and Clarks Summit is suing the Norfolk Southern Railway, claiming stormwater runoff from rail line property has flooded the adjoining strip mall alongside Northern Boulevard.
Crown S. Abington Holdings LLC of Wilkes-Barre filed a lawsuit Aug. 28 in Lackawanna County Courtroom contending the railway has been negligent concerning “set up, development and upkeep of a field culvert” that despatched “illegal discharge of stormwater onto the plaintiff’s property.”
The rail firm, headquartered in Atlanta, declined to touch upon the lawsuit; a spokesperson stated by way of electronic mail, “As a matter of coverage, we don’t touch upon pending litigation.”
The procuring heart, between 1127 Northern Blvd. in South Abington Twp. and 1002 S. State St. in Clarks Summit, incorporates a Wright Middle location, Ace {Hardware}, McDonald’s, Hallmark, Dino and Francesco’s Pizzeria, Caravia Contemporary Meals, Brown’s Gymnasium and Kyoto Restaurant, in accordance with the lawsuit ready by the Joyce, Carmody & Moran legislation agency of Pittston, representing the plaintiff.
Norfolk Southern purchased the rail line and property subsequent to the procuring heart in 2015, and the rail firm or its predecessor put in field culverts beneath the tracks, the lawsuit says. The field culverts are greater in elevation than adjoining downstream culverts that run beneath the procuring heart property; the field culverts act as dams which have ceaselessly precipitated flooding of a big portion of the procuring heart, the lawsuit claims.
Flooding of the procuring heart and its tenants occurred Sept. 9, 2023, in addition to different cases earlier than and after that date, in accordance with the lawsuit.
Extreme flash flooding of Sept. 9, 2023, introduced heavy rains that night time within the Abingtons and components of Scranton in Lackawanna County, the Again Mountain in Luzerne County and numerous areas of Wyoming County.
The flash flooding that day was fast, relentless, devastating and lethal. In components of Lackawanna County, the deluge ravaged public infrastructure, washing out roads and bridges and rendering some impassable for days. Tragedy struck on Shady Lane Street, the place a pair’s automotive acquired caught in a one-lane tunnel overrun by Summit Lake Creek that spilled over its financial institution. A girl within the automotive drowned when she was swept away whereas attempting to flee to security. Her boyfriend managed to remain above water however died 4 days later in a hospital.
The storm within the Abingtons and areas of Scranton additionally shortly overwhelmed different motorists and owners caught within the paths of raging or rising water. The flash flooding additionally strained emergency personnel responding to over 500 incidents in a number of municipalities.
The tunnel carries the rail line over Shady Lane Street about three-quarters of a mile south of the procuring heart.
The railway’s field culverts have directed stormwater runoff and elevated its velocity to the procuring heart, and this intrusion has continued regardless of makes an attempt by the procuring heart to alleviate the issue by constructing and sustaining a retaining wall, the lawsuit claims.
“So long as the field culverts are improperly maintained, the plaintiff (procuring heart) will proceed to endure from the interference of its use of its property, the adjoining tenants and companies will proceed to endure from the flooding on the procuring heart and the harm to the actual property will probably be irreparable,” the lawsuit claims.
Citing counts of negligence, improve in stream of floor water, nuisance and trespass, the lawsuit seeks unspecified damages in extra of $50,000, plus curiosity and prices.
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An organization that owns the Abington Procuring Middle straddling South Abington Township and Clarks Summit is suing the Norfolk Southern Railway over stormwater flooding from a rail line behind the retail property alongside Northern Boulevard. (CHAD SEBRING/STAFF PHOTO)
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An organization that owns the Abington Procuring Middle straddling South Abington Township and Clarks Summit is suing the Norfolk Southern Railway over stormwater flooding from a rail line behind the retail property alongside Northern Boulevard. (CHAD SEBRING/STAFF PHOTO)
