River Run Condominiums has filed a lawsuit against the city of Northampton, alleging that the city “failed, neglected, or refused” to allow the necessary repairs near one of its properties, putting its residents at risk.
The condominium complex on Damon Road consists of several buildings hosting around 400 residents within its vicinity. The complex sits adjacent to the Connecticut River, with a small stream of water discharging into the river, known as Barrett Brook. The brook, which is on city land, runs just beside several buildings in the complex, separated from them by a 25-foot slope.
In a lawsuit filed in late October in Hampshire Superior Court, the condominium’s board of trustees claimed that erosion from Barrett Brook has compromised the structure of one of the residential buildings. The lawsuit also states that concrete blocks had been placed in the brook, diverting its natural flow and contributing further to the erosion.
Specifically, River Run said the erosion had resulted in damage and cracks to the building’s foundation, misalignment of doors and windows and a buckling of the building’s roof, all of which could pose a potential danger to the “health, safety and welfare,” of the building’s residents. They also claimed that a natural gas line located near the slope of the brook faces potential damage as a result of ongoing erosion.
Steve Reilly, an attorney representing River Run’s board of trustees, told the Gazette that offers from the condominium group to pay for the repairs itself with the city’s permission went unheeded.
“The city essentially did whatever it could to throw up roadblocks to that, to the point where [the city] just refused to even respond,” Reilly said. “You have constituents here that are residents and voters, and you want to at least be responsive to them.”
The city declined to comment regarding the pending litigation.
Reilly, who formerly served as an attorney for the town of Wilbraham and an assistant city solicitor for the city of Springfield, said he had “never seen” such behavior from a municipality before.
“I’ve looked at this and been surprised at the way it’s been handled by the city,” Reilly said. “I’ve been very disappointed by how Northampton has treated its constituents.”
Despite the risk from the brook, the condo board alleges that the city has refused to make any necessary changes to ameliorate the situation. River Run said it had attempted over several years to work with the city and had presented a report prepared by engineering firm O’Reilly, Talbot & Okun in 2021 showing the extent of the damage, to no avail.
“The city has negligently failed to maintain public property,” the lawsuit states. “As a result, River Run has and continues to suffer damages.”
The firm’s report states that potential “catastrophic failure” of the slope caused by the erosion could result in extensive damage or even potential loss of the building. It recommends a removal of the concrete blocks in the stream, construction of a vortex weir, a kind of small dam, to divert the water flow and stabilization of the slope to fix the situation.
The lawsuit charges the city with three counts of negligence, private nuisance and trespassing. Reilly said that although the city had been notified of the lawsuit, it had yet to be formally served a summons to appear in court to allow the case to move forward.