ST. LOUIS — Property owners are suing homeowners' association trustees, citing alleged breach of fiduciary duty and constructive fraud.
Mark T. McCloskey and Patricia N. McCloskey filed a complaint on Oct. 23, in the St. Louis Circuit Court against Sanjay Jain, Russell John and Richard Gemberling, Portland Place Association trustees, alleging they breached their duties to maintain the sewer lateral in Portland Place.
According to the complaint, the plaintiffs allege that as a result of the debris and obstructions at the sewer lateral, water backed up and flowed into the plaintiffs' home. They paid to repair a collapsed portion of the sewer lateral at their property but were unable to repair those that pass through defendants' roadway. They claim they have suffered damages to real estate and personal property, annoyance, inconvenience and emotional distress.
The plaintiffs hold the defendants responsible because they allegedly wrongfully ignored their legitimate request to repair the storm or fowl water sewer system at Portland Place.
The plaintiffs seek judgment in their favor in a fair reasonable amount that will compensate their actual and consequential damages, plus interest, costs of this action and all further relief the court deems just and proper. They are representing themselves.
St. Louis Circuit Court case number 1722-CC11570