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Drainage Issue

JE
Jeff Edwards
Mon, Jul 15, 2024 8:15 PM

Hello listmates.  I have an issue whereby an apartment building was built
many years ago and a storm drain was built by the builder in a town utility
easement.  There is no record of any permits being issued, but there is
agreement that the builder, who was also the owner, put the drain in.  With
the recent increase in severe intense rains it has not been carrying enough
water.  The owner asked the town to replace it, and the Town has
reservations because it was put in improperly and apparently without a
permit.  The owner has asked the Town to allow him to modify it and he has
requested a letter from the Town stating that the Town is allowing him to
do the repairs.  I have been asked to draft an agreement to allow the
property owner to modify the drain.  I see a lot of issues with this as it
is an area prone to flooding.  How would other smarter municipal attorneys
handle this request?

Thank you in advance for your help.

--

Jeffrey L. Edwards |
Attorney at Law

FLYNN, EDWARDS, & O'NEAL, PLLC
105 East Ray Fine Blvd, Suite N
P.O. Box 170
Roland, OK 74954
P: 918-323-4351 | F: 918-518-0504
jeff@flynnedwardsoneal.com

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Hello listmates. I have an issue whereby an apartment building was built many years ago and a storm drain was built by the builder in a town utility easement. There is no record of any permits being issued, but there is agreement that the builder, who was also the owner, put the drain in. With the recent increase in severe intense rains it has not been carrying enough water. The owner asked the town to replace it, and the Town has reservations because it was put in improperly and apparently without a permit. The owner has asked the Town to allow him to modify it and he has requested a letter from the Town stating that the Town is allowing him to do the repairs. I have been asked to draft an agreement to allow the property owner to modify the drain. I see a lot of issues with this as it is an area prone to flooding. How would other smarter municipal attorneys handle this request? Thank you in advance for your help. -- *Jeffrey L. Edwards* | *Attorney at Law* *FLYNN, EDWARDS, & O'NEAL, PLLC* 105 East Ray Fine Blvd, Suite N P.O. Box 170 Roland, OK 74954 P: 918-323-4351 | F: 918-518-0504 jeff@flynnedwardsoneal.com CIRCULAR 230 DISCLOSURE: In compliance with the requirements imposed by the IRS pursuant to IRS Circular 230, you are hereby informed that any U.S. Tax advice contained in the foregoing communication (including attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential or privileged material. Any review, distribution, or other unauthorized use of the information by persons or entities other than the intended recipient is prohibited. If you received this communication in error, please contact the sender and delete the material from any computer.