ZK Results – Attorney John W. Zotter Obtains Dismissal for Window Manufacturing Plant
In a lawsuit filed in the Court of Common Pleas of Armstrong County, Pennsylvania, it was alleged that a window manufacturing plant in an industrial park caused excessive stormwater to flow from its property onto a neighboring property. Among other damages, it was alleged that the stormwater runoff would cause an accumulation of stagnant water that facilitated an excessive mosquito infestation. Plaintiff alleged that the window manufacturer violated the Pennsylvania Stormwater Management Act and created a nuisance. The window manufacturer denied liability and asserted that the Plaintiff failed to produce any evidence that the manufacturer altered the natural flow of water from its property or unreasonably increased the quantity of stormwater flowing from its property. Zimmer Kunz Shareholder, John W. Zotter, on behalf of the window manufacturer, filed a Motion for Summary Judgment and argued that the Plaintiff had failed to produce any evidence of violation of Pennsylvania law. In addition, it was argued that the Plaintiff’s own expert acknowledged that the window manufacturer’s property existed prior to any stormwater permitting requirements being enacted in Pennsylvania. Following oral argument, the Motion for Summary Judgment was granted and the window manufacturer was dismissed from the lawsuit.
