An apartment building had multiple wastewater floods because of negligence by the city of Brewer, a lawsuit alleges.
For the first 11 years that Riverhouse Apartments, 196 Penobscot Square, was owned by EWT, LLC 12, there were no issues with wastewater on the property.
Once the city installed a new wastewater system or modified it around 2015, flooding issues started, according to a lawsuit filed Oct. 30, in Penobscot County Superior Court.
Brewer was negligent in its maintenance and design of the system, the lawsuit said. The suit also alleges the city trespassed and caused its wastewater to enter the property.
The lawsuit asks a judge to stop the city from “continuing to operate its wastewater system in a manner that unreasonably poses the risk of causing wastewater to flood the building,” as well as any damages the judge decides.
Brewer City Manager Stephen Bost and assistant manager James Smith did not respond to an email and phone call requesting comment.
The 31 units along the Penobscot River in Brewer had two notable flooding events during rain storms, although those aren’t the only times wastewater flooding is an issue, the lawsuit said. Several units flooded with wastewater in October 2021 and 2022, both during rain storms.
The city’s design of the wastewater system or failure to maintain it caused the flooding, the lawsuit claims.
The apartments had to be sanitized and water damage repaired after each flooding event. It also caused the company to lose rental income, according to the lawsuit. The ongoing flooding risk has “seriously impaired” the property value.
