Hampton couple settles suit against Reserve, others over house damaged by landslide

A Hampton couple has settled a court case in which they claimed that a property they own in Reserve was damaged and devalued by a massive sewer line leak or break more than five years ago.

Justin and Theresa Richter filed a civil complaint against Reserve, the Pittsburgh Water and Sewer Authority, Allegheny County and the city of Pittsburgh in April 2021.

In the complaint, the Richters claimed that the leak or break in the sewer line under Borough Street on or about March 20, 2020, had caused a landslide on the side of the home they own at 1935 Pittview Ave., also known as Borough Street, destroying its lateral support and resulting in a steep drop-off or cliff right at the foundation.

The Richters have owned the two-family residence since May 2007, according to Allegheny County real estate records.

They believe the defendants had repaired breaks in 2016 and 2018, so they should have known the line was damaged and in need of repair, their complaint states.

The slide rendered the property unsafe and unable to be occupied or sold without repairs, which would require construction of a large retaining wall.

Repairs were expected to cost more than $300,000, according to the complaint.

The Richters agreed to settle the case for $86,250, according to a copy of the settlement Reserve commissioners approved Dec. 3.

The case, scheduled for a pretrial conference on Jan. 5, was marked as settled and discontinued on Dec. 12.

The Richters’ attorney, Richard Haft, did not respond to a request for comment. An Allegheny County representative also did not respond to a request for comment.

Olga George, press secretary for Pittsburgh Mayor Ed Gainey, confirmed the city signed the settlement agreement.

Julianne Pelusi, a spokesperson for the Pittsburgh Water and Sewer Authority, declined to comment or provide confirmation that the authority had accepted the settlement.

According to the settlement, $81,250 of the total will be paid on behalf of Reserve, with the remaining $5,000 paid on behalf of the Pittsburgh Water and Sewer Authority.

The settlement states that it “is a compromise of a doubtful and disputed claim,” with “no findings made or conclusions reached in connection with the incident to substantiate any of the allegations heretofore made” by the Richters.

The defendants deny any liability for damage to the property.

The decision to settle rather than proceed to a jury trial was made by Reserve’s insurance carrier to avoid future legal costs, township Manager Jan Kowalski said.

“Such lawsuits cost municipalities money in several ways,” she said. “Our insurance premiums can increase significantly, and this ends up directly impacting the taxpayers, either in tax increases or increased water and sewer fees.

“It also takes our small staff away from other important tasks in order to prepare for legal proceedings,” she said. “Unfortunately, this can hinder our ability to provide the high-quality, low-cost services that our residents and businesses deserve and expect.”