Two self-storage owners in Ohio are suing the village of Waynesville after being forced to pay $5,300 for repairs to a sewer line they believe should be the responsibility of the state.
William LeMay and Michael Foley, owners of Uni-Store on U.S 42, paid for the repairs to a malfunctioning storm-water line that runs underneath their property. Foley, who’s also an attorney, said the state constructed the system. In late 2009 or early 2010, the system began to back up, causing flooding on U.S. 42.
The repairs were made in March. In May, the village council sent the self-storage owners a letter demanding they pay for the repairs, which they did. However, Foley claims under the rules of eminent domain, Waynesville or the state should have provided the notice to them that it was using the property for storm sewer line.
Foley said there is no recorded easement and LeMay has owned the property for more than two decades. Foley and LeMay have requested to be reimbursed $5,300 plus compensation for the area taken and attorney fees.