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Property Owner Alleges Negligence Against Neighboring Businesses Over Water Damage

FLORIDA RECORD

Monday, November 25, 2024

Property Owner Alleges Negligence Against Neighboring Businesses Over Water Damage

State Court
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Florida 6th Circuit Pinellas County Michael F. Andrews | tampabay.com

In a significant legal move, a property owner has taken action against neighboring businesses for allegedly causing extensive water damage to their premises. On November 12, 2024, III Properties, LLC filed a complaint in the Sixth Judicial Circuit Court in Pinellas County, Florida, against Cutlass Holdings, Inc., Land and Sea Motors, Inc., and Trust No. 1680. The lawsuit accuses these entities of negligence and creating a private nuisance due to construction activities that led to water runoff damaging the plaintiff's property.

The case centers around the commercial building owned by III Properties at 1180 Ponce De Leon Boulevard in Largo, Florida. According to the complaint, after purchasing this property on September 15, 2020, III Properties undertook extensive renovations until September 2022. However, trouble began when Land and Sea Motors received approval from local authorities to alter adjacent parcels owned by Trust No. 1680 on December 15, 2022. These alterations included removing concrete structures and constructing new buildings with drainage systems.

III Properties alleges that during these construction activities by the defendants—Cutlass Holdings managing the properties and Land and Sea Motors redeveloping them—necessary precautions were not taken to prevent water runoff onto their property. By August 16, 2024, III Properties noticed excessive surface water accumulating both outside and inside their building. A forensic engineer determined that this was due to hydrostatic pressure from improper drainage management on the defendants' part.

The complaint highlights that despite acknowledging the issue during an inspection meeting with III Properties representatives, the defendants failed to follow approved plans requiring berms or other measures to manage water flow effectively. This oversight resulted in repeated flooding incidents at III Properties' site.

Asserting claims of negligence against each defendant separately—Cutlass Holdings for failing to ensure compliance with approved plans; Land and Sea Motors for neglecting proper installation of berms; Trust No. 1680 for inadequate monitoring—the plaintiff seeks damages exceeding $50,000 along with any additional relief deemed appropriate by the court.

Represented by attorney Damian S. Sullivent from Frederick W. Nessler & Associates law firm based in Largo Florida (Fla Bar No.:1002853), III Properties is determinedly pursuing justice through this litigation process under Case Number:24-004971-CI before Judge Ken Burke serving as Clerk of Circuit Court within Pinellas County jurisdictional boundaries.

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