Yesterday, 22 residential property owners, 3 corporations and the North Hill Preservation Association jointly filed for temporary and permanent injunction against ECUA for its North Palafox tank project.
From the court documents:
In 2009, the CITY obligated itself in an Interlocal Agreement (OR Book 6511 PG 181) with ECUA to pay a total of $19.5 million dollars of City taxpayer funds to ECUA, payable in $1.3 million annual installments, beginning January 15, 2013, in exchange for the relocation project to remove the former Main Street wastewater storage and treatment facility away from the City.
In December 2016, ECUA closed on the purchase of 1750 N. Palafox Street.
In January 2016, the Association discovered information indicating that ECUA had purchased the property at 1750 N. Palafox St. in order to return sewage storage to the CITY in the form of two giant sewage storage tanks at that location, each of which is approximately 125 feet in diameter and 40 feet or more in height reputedly holding 6,000,000 gallons of raw sewage, or more.
Resident and Commercial Plaintiffs are all adversely affected by payment of City taxpayer funds under the Interlocal Agreement, which has been breached by ECUA undertaking to return raw sewage storage tanks within the CITY, and by unauthorized expenditure of ratepayer funds administered by ECUA to effect such a return.
Resident and Commercial Plaintiffs are all adversely affected by the unauthorized expenditure of funds of ECUA’s ratepayers for the return of raw sewage storage tanks within the CITY .
Resident and Commercial Plaintiffs will suffer particular and special damages distinct from that of other City taxpayers and ECUA rate payers from ECUA’s installation of raw sewage storage tanks at the 1750 N. Palafox, because they are in particularly close proximity to the proposed tanks and will suffer from imposition of noxious odors and fumes, injuries to their quiet enjoyment of their properties, the City Streets and parks in the neighboring vicinity, loss of business, and injury to their property values.
