Water and mud on the floor of the Everlys’ barn, which they say is now unsuitable for storing hay
PITTSBURGH – Pittsburgh-area farmers are complaining that the reconstruction of a high school damaged in a 2023 fire has flooded their farm.
Richard and Irene Everly sued the Elizabeth Forward School District and companies hired to rebuild its high school last week in the Allegheny County Court of Common Pleas, attaching photos of what they say are the results of a new school built on a steeper grade without appropriate drainage.
Plus, the suit says, underground springs were discovered when building the new school, adding to the amount of water coming downhill to cover the Everlys’ barn floor in water and mud and erode land that was fine before the fire.
And one last issue: “(A)ll or a portion of the regraded area and the surrounding excavation area is situated upon, within or immediately adjacent to a known Native American burial ground and place of interment,” the lawsuit says.
“Such physical invasion and intrusion occurs without the consent, license, easement or other authorization of Plaintiffs, and constitutes a continuing trespass upon the Everly property,” it adds.
The school’s auditorium and adjacent areas were heavily damaged in the fire, and the district is suing its insurer for failing to cover the costs of moving the auditorium to the other side of the site. While the district says that is necessary to maintain its previous seating capacity and comply with regulations, CM Regent’s stance is the original auditorium sat much less than the nearly 800 capacity the new one would hold and could be rebuilt on the first site.
Other areas damaged were the boiler and mechanical room, entrance lobby, media center and parts of the gymnasium. Phase one of the project is underway, and the Everlys say the topography of the school property was raised in elevation by as much as 70 feet above preexisting grades.
The farm is under this new slope, and Richard Everly has continually voiced concerns to the district. A Macson Corporation official sent an email to district employees like Superintendent Keith Konyk that acknowledged flooding conditions and the discovery of “several underground springs that may have been contributing to some of the continued moisture on the south side of the property.”
Reports from the Everlys since last summer include erosion of their driveway, sediment intrusion, a failed patch job on their driveway, a broken electric line and a wet barn unsuitable for storing hay. To fix these issues, the Everlys obtained a $249,000 estimate, but they say the district has failed to fund it.
Their suit seeks more than $750,000 for measures like storm-drainage improvements, replacement of the barn, construction of a new driveway, mitigation efforts and lost revenue.
It also makes a claim for violation of Pennsylvania Burial Ground and Cultural Resources laws, saying the district and the contractors it hired knew they were performing earthmoving activities without consulting authorities like the state Historical and Museum Commission and the U.S. Department of the Interior.
Corey Leon of Kuzma & Leon represents the Everlys.
