Darien board to discuss Beloit Street lawsuit deal

By ANN MARIE AMES ( Contact )   Monday, Jan. 4, 2010
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— The Darien Village Board on Tuesday night could vote to accept a settlement from a Janesville concrete company.

The board will meet in closed session to talk about ongoing litigation in what the village refers to as the “Arnold lawsuit.”

Board member Bob Wenzel said he expects to see a settlement offer from Reese Concrete Pump, 5272 Miles Road, Janesville. Wenzel on Sunday did not know the nature of the settlement.

The issue has been ongoing for four years since Daniel and Vickie Arnold, 144 W. Beloit St., Darien, filled a well in their basement, Wenzel said.

Reese Concrete used a “cement-like” material to fill the well, Wenzel said. However, the well at the time was not dry. Water mixed with the material, flowed up out of the well, down the drain and into the sewer main, he said.

When the material dried, it blocked the main, Wenzel said.

The village repaired about 300 feet of sewer main at a cost of about $160,000, he said.

The village board in 2009 settled with the Arnolds for $12,500, Wenzel said.

The meeting will take place at 7 p.m. Tuesday at the Darien Village Hall, 24 N. Wisconsin St., Darien.

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(14)
one943
Jan 15, 2010 at 12:40 p.m.
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WOW
I go away for a couple months and when I get back there's williepeter saying the same thing.
Do you cut & paste or retype it every time?

Sam_I_am
Jan 14, 2010 at 10:49 p.m.
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mespl - I think you are right. A private company in the business of pumping concrete should know what they're doing. And if they make a mistake, thats what their insurance company is for.
blacktaz - people need to own up to their actions if they made a mistake.
justme2 - WTF? You are a strange one, stick to the details of the article.

blacktaz
Jan 5, 2010 at 5:54 p.m.
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Why is it that everything that happens has to be a fight and name calling? I!m sure that no one messed up the sewer just for fun.Most of the older homes do have a opening that most do not even know about. I did not. Building inspector told me my washer was not going to the right place.

copperguy
Jan 5, 2010 at 5:43 p.m.
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Actually, the suit was filed in May, 2008. The article states that the problem is about four years old (dating from 2005 or 2006). Considering the extent of the repair work, it's very clear that the situation originated well before May 2008.

justme2
Jan 5, 2010 at 12:03 p.m.
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Miss vp(oplease) Why do you always make it about women?
You are just mad because you think everything has to go through you. You have no power, you get to control the meetings, see ya at the next one.
It's just like Darien to sue people or fire those who had nothing to do with what they are being accused of--sounds like something you would do.

mespl
Jan 5, 2010 at 10:48 a.m.
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Thank you, SwissChick that was exactly my understanding; that the concrete like mix went up out of the well and then down a drain once it was out of the well. That would have meant a drain inside the basement of the house. From how the statement in the article is worded this would have been something that you could have watched happening. As for the city inspecting the well, from the sounds of it the well was not in use when it was filled and the issue came from it having water in it that mixed with the material placed in the well and went down a drain in the basement. If you look up the court records you will see that the initial lawsuit was filed in May of 2008, which is when the large floods were happening around this area. We don’t know when the city inspected the well (if they did) or if it was dry when they did, however in the spring of 2008 I know not much was dry, it is not shocking that the well had water in it. I don’t think that the city needs to accept responsibility for the actions of a private company or the actions of a resident allowing something to go down the drain at the residence that should not go down the drain. This is a matter of a resident and a company taking responsibility for the outcome of their actions.

SwissChick
Jan 5, 2010 at 10:10 a.m.
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I think they're possibly talking about a floor drain(??). That, to me, would be the way for the concrete to get to the sewer system.

mespl
Jan 5, 2010 at 9:50 a.m.
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oplease: Did you even read the article? “How would the concrete company or the homeowner as far as that goes, know that the well was connected at the road to sewer lines?” The well was not connected to sewer lines, the well was in the house and the house was connected to the sewer lines. “However, the well at the time was not dry. Water mixed with the material, flowed up out of the well, down the drain and into the sewer main, he said.” Key words from the article are “up out of the well” and “down the drain”. Hope this clears it up for you. If you hire a company do so some work and as a result of that work something is dumped down the drain that was not supposed to be both you and the company are liable.

ResponsibleCitizen
Jan 5, 2010 at 6:07 a.m.
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The village may have settled with the Arnold's but they haven't with the Concrete company...READ the Article...and It doesn't matter who makes a comment to the press as the VP has no special powers outside of "running" the meetings.

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