Tualatin Couple Reaches Settlement With City, Construction Company
http://www.tigardtimes.com/news/story.php?story_id=119085530815264200
TUALATIN — The city of Tualatin plans to pay out $40,000 to a Tualatin couple who claim a road improvement project ruined their property.
Naum and Deena Chernobelsky, owners of the property at 20105 S.W. Boones Ferry Road in Tualatin, were asking for as much as $650,000 in damages related to their property, which according to the Washington County tax assessor’s office has a market value of $281,520.
But in a proposed settlement reached in a conference with Washington County Circuit Court Judge Mark Gardener, the Chernobelsky couple will receive a total of $80,000 — city and county insurance will pay $15,000, and Kodiak Benge Construction Company will pay $25,000.
The couple filed suit against the city and Kodiak Benge Construction in 2004, alleging that the city’s 2003-2004 Boones Ferry Road improvement project damaged their property.
In the initial notice of claim sent to the city in May 2004, the Chernobelskys’ lawyer, Bruce M. Weinsoft, wrote that his clients alleged improper grading and sloping of sidewalks and driveways, improper and defective drainage, creation of increased flow of drainage water across the property, damage to the stucco house, improper materials and defective workmanship on driveway areas of the property, improper slopes for driveways constructed, damage and removal of fences, and depositing debris and waste materials on the Chernobelskys’ property.
The Chernobelskys claim that after the notice was sent to the city and Kodiak Benge Construction, the couple received a response back indicating that both parties would work toward finding a solution to their claims of damage.
“Defendant Tualatin led plaintiffs to believe that such action would be timely taken, but defendant Tualatin has failed to take any action to correct, repair, replace, restore or remediate or cause defendant Benge to do so,” the third amended complaint filed in June 2007 read.
The couple had asked for a judgment of $400,000 from Kodiak Benge Construction. They sought $200,000 for real and personal property damage, $50,000 for compensatory damages, $100,000 for punitive damages, and $50,000 for nuisance damages.
The couple had asked that the city pay for their attorney’s fees and also pay $200,000 for real and personal property damage and $50,000 for unlawful taking and inverse condemnation.
The settlement approved by the City Council notes that each party will pay for its own attorney fees and costs. The settlement is not an admission of liability by either the city or Kodiak Benge Construction but a compromise to resolve the case.
The city will retain the liability for the sidewalk as constructed. The Chernobelsky are responsible for making any repairs that they choose. The couple must also sign a release, and indemnify and hold the city harmless against any damage or injury the couple or their family members may incur from the sidewalk.