THURMONT, Md. – Three Thurmont families have filed a $6-million lawsuit because of sewer back-ups that occurred in their homes in September 2004.

Deborah and Robert Massett, Ron and Kathy Bishop and Harold and Paula Furr filed the lawsuit on Sept. 27, three years after they claim sewer back-ups flooded their homes. “The flooding and sewage was caused by the Town of Thurmont’s failure properly to design, construct and/or maintain the Town of Thurmont’s storm water and sewage systems,” according to the lawsuit.

The lawsuit, in essence, makes the same claims as another lawsuit that is currently in appeals. However, this lawsuit deals with sewer back-ups that occurred on Sept. 28, 2004 rather than in 2003.

“The town was just served the complaint a couple days ago,” said John Coppock Jr., attorney for the plaintiffs. “It’s still in its infancy.”

Each couple charged the town with negligence, private nuisance, private action for public nuisance and trespass for a total of 12 counts. For each count, the plaintiffs have asked for $500,000.

“Part of this will definitely not be covered by our insurance,” said Thurmont Mayor Martin Burns. The portion not covered would be any part of the award made due to pollution.

The basis of the lawsuit is that the plaintiffs claim the town hasn’t fixed its sewer system and is operating in violation of the Maryland Department of the Environment consent agreement.

“During heavy rains, the Town of Thurmont sets up a pump in a manhole in Ironmaster Court and pumps sewage and storm water into a holding pond off of Ironmaster Court. The activity is always conducted through the evening, creates loud and noise, is disruptive to the residents, and leaves the area smelling foul because of the now standing sewage behind their homes,” according to the lawsuit.

Because of the backups, the plaintiffs claim “the Town of Thurmont has caused substantial damages to the Plaintiffs, including damages to Plaintiffs’ residence, loss of personal property, damage from inconvenience and aggravation, mental anguish, and damages from the expenditure of funds for investigations, repairs, corrections and maintenance,” according to the lawsuit.

“I’m quite surprised that two of the previous plaintiffs who won substantial amounts in the first lawsuit filed again,” Burns said.

The Bishops and Furrs are part of a group of seven families who sued the town for $9 million and were awarded nearly $3.5 million in May for sewer backups in the plaintiffs’ homes in 2003. In post-trial motions in August, Judge Julie Stevenson Solt reduced the award amount by $900,000 due to duplication in the award and Solt’s ruling to municipal protections under state law that capped how much a family could be awarded.

According to Coppock, the Massetts were part of amended complaint to the first lawsuit, which would have allowed them to be included. However, the courts rejected that amendment.

The Massetts claimed at that time actual losses around $30,000.

The Bishops actual damages in the first lawsuit were $36,221 and the Furrs suffered $17,488 in actual damages. The Bishops’ award currently from the first case is $427,221.86 and the Furrs’ award is currently $373,950.29.

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