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Fighting the water company
(by Maggie Fazeli Fard - April 29, 2008)
While the township has yet to commit to legal action, River Vale’s Town Hall will serve as a meeting space to residents interested in fighting United Water on the grounds that the utility’s alleged negligence during last April’s nor’easter led to thousands of dollars in flood damage.
At 8 p.m. on Monday, May 5, the township’s council chambers will host Kevin Mulhearn, the Orangeburgh-based attorney representing a group of residents from West Nyack, N.Y. who have filed a $60 million mass-action lawsuit against United Water for actions taken during a severe storm that hit the area on April 15 to 16, 2007.
According to the complaint, filed in the New York State Supreme Court in New City, United Water was negligent in not releasing water before the storm despite forecasts and the reservoir's being filled to capacity. The complaint also alleges that faulty equipment prevented the company from effectively monitoring water levels and knowing how much water was being released.
United Water representatives argue that the utility is not in the business of flood control and that flooding would have been the same, if not worse, had the dam not been present.
Mulhearn is expected to provide information on River Vale residents’ legal options in the matter, presenting legal standards and possible remedies. The meeting will be open to all members of the community.
Blundo stressed that this meeting is for the public and does not speak to the township’s possible involvement. He added that this would not be the only opportunity to obtain information, as Mulhearn is expected to set up future meetings for residents who cannot attend on May 5.
Additionally, Councilman Dwight de Stefan reported that Senator Gerry Cardinale is also willing to meet with residents. De Stefan said that a meeting could be set up for late May or June.
The councilman also said that Cardinale is looking to set up a bi-state commission with a senator from New York to deal with flooding from New York’s Lake DeForest reservoir, the source of much of the flood water, to River Vale and Harrington Park.
Maggie Fazeli Fard's e-mail address is fazelifard@northjersey.com.
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