Gross McGinley LLP


Attorney Cavacini Wins Landmark Stormwater Act Trial for Local Clients

December 01, 2010 | Category: Attorney News

Attorney Victor Cavacini recently won an important and difficult case in the Lehigh County Court of Common Pleas for his clients, who are the owners of a large parcel of land along the Pennsylvania Turnpike in Lower Macungie Township. Attorney Cavacini’s clients experienced massive flooding of their property from rain events after new residential housing developments on the other side of the Turnpike were constructed.

The flooding caused sinkholes and other damage to their property. Attorney Cavacini argued that the developers, and the municipality which had approved the Township’s stormwater management plans, were obligated to re-direct the stormwater away from their properties and compensate them for damage thereto. After a hard-fought and lengthy trial, the Court originally found only the municipality liable.

By way of post-trial motions, Attorney Cavacini was able to convince the Court to modify its decision and find both the municipality and the developers liable for the costs of remediation, as well as other damages and relief. The case is still ongoing relevant to Attorney Cavacini’s enforcement of delay damages against the defendants. This case received significant coverage in the local press. Attorney Andy Ralston assisted in the case.

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