More documents filed in town suit

A reply was filed May 28 in the case of two Alleghany men against town council members.

Documents regarding the complaint filed Larry McCann and Mark Robert Richardson against Council members Robert Andrews, John Brady, Mike Parlier, Lois Sheets, the board of aldermen of and for the town of Sparta and the town of Sparta are on file in the Alleghany County Clerk of Court Office.

In the course of the reply, the plaintiffs claim the individual Council members "should be deemed as the Town of Sparta in this action."

A portion of the document read, "As in most matters concerning the Town of Sparta, the Town Council members were responsible for all offers, decisions and/or negotiating with the plaintiffs in regards to the sewer backup…prior to the plaintiffs complaint dated March 31, 2009…"

Making reference to the concept of the town being entitled to governmental immunity, the document reads, "The doctrine of governmental immunity will not act as a shield to a municipality when the activity is proprietary; the operation and maintenance of a sewer system is a proprietary function where the municipality sets rates and charges fees."

In regards to the water damage, the document reads, "Had Plaintiff McCann known of any water damage prior to May 10, 2006, he would have contacted town personnel. Plaintiff McCann purchased said property [located at 342 W. Whitehead St.] with water and sewer already installed, and had no prior knowledge of such devices as check valve/backflow devices prior to the sewer backup problem."

As requested, McCann and Richardson offered an itemized list regarding sought monetary relief. The information values the house and property at $65,000 and personal property at $10,000, a total of $3,400 of which covers Richardson's personal property. The information further prices loss of rental income to date, at a rate of $300 a month, at $10,800; interest at a rate of 6.05 percent for three years at $15,572.70; out-of-pocket money for filing fees, processing fees and the like at $287; and disposal of the house and filling in the basement.