Bridgewater woman sues neighbors for mold problem

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Bridgewater woman sues neighbors for mold problem

Wednesday, July 16, 2008

The Star-Ledger,NJ*

BY RALPH R. ORTEGA

Star-Ledger Staff

http://www.nj.com/news/ledger/somerset/index.ssf?/base/news-

3/121618292137120.xml & coll=1

A woman who once sought $400,000 in affordable housing funds to

rebuild her home in Bridgewater, after a township contractor

allegedly botched the cleanup of the moldy residence, is suing her

neighbors for causing the infestation.

An attorney representing Elliott of Foothill Road has filed

a Superior Court motion in Somerville demanding her neighbors,

A. Eckert, and his wife, Martha, restore the grading of their

property in accordance with an 11-year-old township planning board

resolution.

The resolution memorialized the subdivision sought by the builder

who constructed the Eckert home on Lane, which slopes

downhill to the corner of Foothill Road where Elliott's property is

located, according to court papers filed by Elliott's lawyer,

T. Dougherty.

Elliott, in the court papers, complained a water runoff problem

developed in the spring of 1998, after the Eckerts allegedly filled

in swales along their property with asphalt to smooth out a driveway

and create parking space for a mobile home.

" With the next substantial rainfall following these events, I

noticed a substantial increase in the amount of water flowing onto

my property, " she said in a signed certification.

A lawyer for the Eckerts denied his clients were responsible for the

water runoff problem, and vowed to oppose Elliott's motion at a

hearing scheduled before Judge E. Accurso on Aug. 1.

" There will be papers filed in opposition, " said Attorney

Kearney. " I view my clients as victims in this whole thing. "

Elliott named the Eckerts in a lawsuit she filed after a plan last

year to use affordable housing funds to rebuild her mold-infested

home fell through.

The state Council on Affordable Housing balked at Bridgewater's plan

for using more than $400,000 to rebuild the home, after Elliott had

qualified for the assistance.

Elliott, a real estate agent, became eligible for the funding after

she claimed her income dropped dramatically due to mold-related

health problems that had prevented her from working. She also had

threatened to sue Bridgewater, alleging its officials had allowed

the water runoff problem to happen.

By the time state officials intervened -- after a story about the

plan to rebuild Elliott's home appeared in the Star-Ledger -- the

township had already sunk $146,335 into trying to remediate the mold

infestation.

Elliott's suit was filed against the Eckerts in September, and names

the township's contractor, Mr. Mold, as a co-defendant.

The township also has intervened as a third party in the case,

according to court papers, seeking to hold Mr. Mold, which has

several addresses in New Jersey, responsible for the alleged shoddy

work. The Eckerts, too, have filed claims against the firm, and the

township.

Kearney said he expected Elliott will eventually amend her suit and

name Bridgewater as a defendant in the case. " It's just a matter of

time, then everybody will be in, " he said.

A call to her attorney Dougherty was not returned yesterday.

Township officials said they have not received any notice from

Elliott of a pending suit.

Ralph R. Ortega may be reached at rortega@... or (973)

951-3816.