THUNDER BAY -- The city is dropping its claim to seek damages from property owners who violated the downspout disconnection bylaw prior to the 2012 spring flood.
City manager Norm Gale's office issued a release Monday afternoon, expressing the city is discontinuing its third party claim after class action claimants abandoned allegations the city failed to endorse the by-law as a part of their case against the city.
The class action claimants had alleged the city's failure to enforce the downspout disconnection by-law contributed to Atlantic Avenue Secondary Sewage Treatment Plan overloading, which then caused damage to their homes.
"The city's position was that there was no merit to this allegation and defended that claim," Gale's release reads.
The city will be issuing a notice of discontinuance to all property owners who received a third party claim. According to the city's release, those property owners will no longer be required to participate in the third party action.
"We continue to respond to the class action lawsuit," Gale said. "We're pleased this piece of the class action lawsuit has been withdrawn."
Gale vowed the city would continue to defend itself against the flood class action suit
