During the winter storm period this year, a sinkhole opened outside the Pickett home in Ross. The town told the residents to fix it. Terry Pickett said the town should fix it.
Now the dispute has landed in Marin County Superior Court.
Pickett filed a lawsuit on Aug. 24, alleging the sinkhole at 61 Shady Lane is the town’s responsibility. The lawsuit blames the hole, which is about 5 feet by 8 feet, on the town’s stormwater drainage system.
“As a proximate result of the design, construction, operation, maintenance or inadequate storm drainage system, the Plaintiff’s Property was damaged by the removal of subjacent support causing subsidence to the Property,” the lawsuit states.
Fixing the sinkhole is estimated to cost between $15,000 and $25,000, according to a town staff report. Pickett is seeking at least $750,000 in damages because of what he calls the devaluation of his property.
Pickett, and an attorney representing him, did not respond to requests for comment.
The sinkhole appeared on Jan. 4 “during a period of heavy rain,” according to the staff report. Richard Simonitch, the public works director for Ross, examined the hole with Pickett the next day.
Simonitch noted that while the hole was not close to the paved roads of Shady Lane or Norwood Avenue, he was concerned it might be compromising the structural integrity of the roads. Simonitch said the town would hire a geotechnical consultant to evaluate the situation, and give Pickett recommendations for fixing the sinkhole.
On Jan. 6, Simonitch told Pickett the hole was entirely within his property line and thus Pickett’s responsibility to fix, according to the staff report. Additionally, the town states it checked with utility companies and found that no sewage or water leaks were present in the area, and the roads were not compromised. On Jan. 9, the town hired Miller Pacific Engineering Group for the geotechnical evaluation.
The consulting firm suggested filling the hole with a concrete mix or an expandable foam, then using a sand and gravel solution and installing drainage tubing so air and water could flow through. The firm was unable to find a clear cause of the sinkhole, suggesting it could have been an old hand-dug well, a vault or decayed roots or stumps from trees that caved.
“Because the sinkhole developed quickly and does not appear to be the result of a broken pipe or leaking water line, we believe there was nothing ‘proactive’ that a reasonable property owner, professional engineer, or contractor could have done to prevent the settlement,” the Miller Pacific report states.
An arborist was hired on Jan. 27 to evaluate the oak trees next to the hole. Both reports were sent via email to Pickett on Feb. 3, according to the staff report.
The staff report states that between Jan. 5 and Aug. 1, the town sent letters and emails notifying Pickett of his responsibility to fill the hole. By May 24, with the hole still there, the town sent Pickett a notice via regular mail and email. The notice required the repairs to be started by June 24 and completed by Aug. 24.
The staff report states that unless Pickett agrees to conduct the repairs or pay for the costs, the town will have to front the costs and seek recovery afterward. In this case, the costs will be paid from the town’s general fund.
Town Manager Christa Johnson declined comment, citing ongoing litigation.
