Two Kenova couples sue for sewage system problem

WAYNE -- Two couples are suing the City of Kenova, Ghosh Engineers, Rover Construction and Eastern State's Pump & Equipment after torrential rains caused a backflow of runoff and sewage water to run onto their properties.

Charles and Judy Null and Traci and David Ison are residents of Kenova and claim the city had a combined sewage and waste water runoff system for many years until it was pressured by the Environmental Protection Agency to separate them, according to two complaints filed Dec. 28 in Wayne Circuit Court.

The plaintiffs claim because of torrential rains in May, June and July 2009, there was a backflow of runoff and sewage water onto their properties. They claim that although the systems are supposed to be separate, the rain somehow caused the ground water runoff and sewage systems to "marry."

The Nulls and Isons have suffered additional sewage and ground water runoff in the event of heavy rains, and will continue to suffer in future heavy rains, according to the suit.

The plaintiffs are seeking compensatory damages and for the court to rule to show cause to the City of Kenova, in which they have petitioned for a writ of mandamus to require Kenova to repair and rectify the current problems with its systems. They are being represented by Timothy P. Rosinsky.

Wayne Circuit Court case numbers: 09-C-266, 09-C-267