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Iseneker Funeral Home Moves Forward With Lawsuit Against Village
of Lowville Regarding Property Damage Due to Mill Creek Erosion

January 27, 2019 04:00 p.m.     By: Nick Altmire
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    Lowville, NY- A Lowville business is moving forward with a lawsuit against the
    Village of Lowville, claiming that the village's dumping of snow into Mill Creek
    has caused "severe erosion" leading to significant damage to their property.

    The lawsuit was filed in Lewis County State Supreme Court on Thursday by
    Iseneker Funeral Home (the Plaintiff), 5702 Waters Road, Lowville, NY, against
    the Village of Lowville(the Defendant).

    The complaint, obtained by linkinglewiscounty.com, claims the following:

  • " The Plaintiff is the owner of real property operated as a funeral home
    located at 5702 Waters Road, Lowville, New York, and bounded to the
    south by Mill Creek."

  • "The Plaintiff acquired the property on April 14, 2005 by Warranty Deed
    which is recorded with the Lewis County Clerk. At the time of purchase,
    the bank on Mill Creek was stable and protected by several willow trees."

  • "On or about January 12, 2018 the watercourse of Mill Creek flooded to
    the point of causing unprecedented erosion to Plaintiffs property and
    flooding."

  • "The Defendant has routinely deposited snow removed from Village
    streets in Mill Creek upstream of Plaintiff's property in a ravine. The large
    quantity of accumulated snow acts as a dam, holding back water
    upstream."  

  • "On January 12, 2018 the snow dam created by the Defendant collapsed
    releasing the impounded volume of water downstream, resulting in an
    extraordinary volume of water eroding the banks of Mill Creek on Plaintiffs
    property."

  • "The flooding and severe erosion has caused severe damage to the
    Plaintiffs property. Plaintiff has lost, multiple trees, several thousand
    square feet of lawn, and sustained flooding of its parking lot and buildings."

  • "In addition, the erosion along the bank of Mill Creek is now destabilized
    and will continue to cause additional loss and damage to Plaintiff's
    property."

    A notice of claim was filed in April by Iseneker's, seeking a resolution and
    damages from the Village, while leaving their legal options open. According to
    the court documents filed Thursday, "the Village of Lowville has refused and/or
    neglected to make an adjustment or payment thereof; and this action is
    commenced within one year and 90 days after the cause of action herein
    accrued." At that time, property damage in excess of $100,000 was claimed.

    The lawsuit filed Thursday additionally claims:

  • "Defendant continues to dump snow removed from Village streets in a
    ravine in Mill Creek."

  • "Defendant's actions cause the formation of a snow dam in Mill Creek, and
    the impoundment of water behind it."

  • "Plaintiff and other downstream property owners are at risk of flooding and
    severe erosion of their banks along Mill Creek when the snow dams
    created by the Defendant collapse release the impounded water."

  • "Defendant has no legal rights or permits to construct a dam or otherwise
    impound water in Mill Creek."

  • "The Defendant's action cause injury and damage to Plaintiffs property."

    As a result, Iseneker's is asking the court to grant an injunction, prohibiting the
    Village from dumping snow into Mill Creek and the awarding of an unspecified
    amount in property damages.

    The Village now has 20 days to file their response to the complaint with the
    court.

    In late October, a number of municipalities and landowners performed what
    were deemed emergency measures to help protect against further erosion
    along a 100-foot section of the creek near the East State Street bridge,
    upstream from the Iseneker property. We spoke with Nichelle Billhardt, district
    manager for Lewis County Soil & Water Conservation District, in early
    December after completion of the project, when she acknowledged that the
    Iseneker property was the greatest area of concern and she was in the process
    of obtaining the proper permitting to work in that section.

    The January 12, 2018 thaw caused damage along the creek throughout the
    village, including portions upstream from the village's snow dump site.
    According to Ms. Billhardt, gauges at that time recorded the highest levels ever
    on the creek.
      
    We spoke with Donna Smith, mayor of the Village, and Doug Iseneker, owner
    of Iseneker's Funeral Home with his wife Jennifer, with both declining to
    comment on matters of pending litigation.     
       
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