Temporary Relief Denied in Massive Sewer Backup

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An Oakland County judge on Monday denied a request for temporary relief filed by a Rochester Hills family whose home was made uninhabitable by raw sewage backups during the Hamlin Road expansion project.

A request by Philip and Mary Penberthy, who have been living in a hotel since summer, for temporary relief in the form of a $100,000 escrow account to begin repairing their home was denied, The Oakland Press reports.

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The Penberthys are suing the city for the damages, which they estimate at $250,000, but the city maintains the contractor, not the city, is responsible.

When a crew hired to move a gas line severed a sewer pipe in June, raw sewage filled the basement of the four-bedroom farmhouse, then spewed from sinks onto the main floor. In July, the property was flooded after a crew hit a water main, damaging the property the family was able to save from the sewer line break. The following day, more raw sewage backed up into the basement of the home.

Their attorney, H. Adam Cohen, of Birmingham, said the ruling doesn’t mean that the judge is siding with the city.

“It’s outrageous that the city wants to force the Penberthys to wait until the end of the case,” Cohen told The Oakland Press. “They’re living out of a hotel with their son and their dog. We were trying to expedite that situation. Hopefully the city will agree to take care of this sooner rather than later.”

However, John Staran, an attorney for the city, said Rochester Hills aren’t going to issue a blank check to the family to compensate them for damage the city didn’t cause.

“The family basically wanted an open end, a blank check to fix their home, but the city of Rochester Hills said that it has a responsibility to our residents and taxpayers to be fiscally responsible and not accept to pay for financial responsibilities that reside with other parties,” Staran told the newspaper.

He thinks the ruling is a signal that the judge

“The ruling from the court seems to indicate that the position the city has been taking is the legally correct one,” Staran said.

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