When Runoff Water Runs Afo(w)l (PA)

In Scott v. Ferguson, plaintiff Scott filed a complaint against a neighboring homeowner, alleging that Ferguson allowed his guinea fowl to enter plaintiff’s property and cause damage. Ferguson countersued, alleging that plaintiffs improperly installed a water drainage pipe, causing water to run off onto Ferguson’s property.

In response to the countersuit, plaintiffs filed a third-party complaint against Susquehanna Township, alleging that the Township was negligent in failing to install catch basins on or near the properties of the plaintiff and defendant. In essence, the plaintiffs installed a drainage pipe that emptied onto a public roadway. The water then travelled downhill and entered defendants’ property. The claim was that the Township should have installed a basin to catch the additional water coming off the plaintiffs’ property. At issue here are the Township’s preliminary objections to the plaintiffs’ third-party complaint.

The Township argued that the complaint should be dismissed since it had no duty to the plaintiffs to install a basin. This was based on the Township’s assertion that the overflow of water was due to incremental changes in the landscape over time. The Court of Common Pleas of Lycoming County agreed. The court said that a city cannot be held liable for the effects of an incidental increase in surface waters flowing in a natural channel where the increase is owing to normal, gradual development in the city. In this case the increase in water flow was due to the gradual changeover from rural to urban land and there is no authority to hold a city liable for such changes.

This case provides a useful window into understanding how Pennsylvania courts in more rural counties are dealing with surface water issues. We expect similar issues to come up more frequently as residential and commercial development in these areas continues to grow. It is important to recognize that in cases such as these, the role of the town or city as a potential source of contribution is likely minimal.  Thanks to Remy Cahn for her contribution.  Please email Brian Gibbons with any questions.