GUILDERLAND — Guilderland is facing a lawsuit from a McKownville resident who claims the town’s negligence in maintaining its stormwater management system resulted in significant property damage and potential structural harm to their Glenwood Street home.

The suit is also against Delaware Engineering, which was hired by the town to improve McKownville’s stormwater system.

In a lawsuit filed Oct. 7, Elliot and Adrienne Haase claim that, in July 2023, their basement was flooded with four feet of water due to unresolved issues in the stormwater system. The suit also alleges that subsequent weather events following the July incident have continued to exacerbate the damage to the property.

The suit also makes clear that Haases notified the town of the incident within 90 days of its occurrence, as is now called for under a 2022 law adopted by Guilderland and patterned on state law. 

The Haases claim that the town had knowledge of the issues because of their notice of claim, but failed to take timely corrective measures. 

Supervisor Peter Barber said in an email to The Enterprise, “Because this matter is in litigation, the Town has no comment until it is resolved.”

The suit notes the ongoing issues with flooding in McKownville, pointing to a 2010 Delaware Engineering study as evidence. 

That study was part of a multi-million-dollar project to address chronic basement flooding in McKownville. The project would replace “water main and house connection pipes in the area of McKownville north of Western Avenue,” according to the hamlet’s history by the McKownville Improvement Association, while “a new system of storm drains and stub connectors for the same area” would be installed, “and a main storm drain under Western Avenue and down McKown Road to the Krumkill West Branch.”

The project was completed last year. The town is currently looking to fund a $500,000 study to find solutions to flooding around Stuyvesant Plaza, which is also in McKownville. 

The lawsuit, quoting the 2010 study, states “McKownville has historically experienced ongoing drainage problems due to over development that has impacted residents for many years,” and that the “ongoing drainage problems [were] due to over development that has impacted residents for many years.”

The study also found that “the existing combined sewer system that is now used for stormwater collection is crushed in many areas causing drainage problems and at times flooding,” and that there “may be several sections of collapsed stormwater sewer line that may be the cause of frequent flooding of many backyards and most alleyways during heavy rainfall and during period of snowmelt.” 

The Haases are seeking money to compensate them for damages, cleanup, and restoration expenses as well as for “attorneys’ fees, punitive damages, costs and disbursements.”