PARK CITY — Dozens of Park City residents packed into Pop’s Inn Thursday night for a community meeting with an attorney as frustration continues to mount over years of sewage contamination linked to the Homestead Apartments.
Watch to learn more about the community meeting:
More than 30 people attended the meeting, led by Billings attorney Drew Falkenstein of AVA Law Group, who is now representing two active lawsuits against property owner Gary Weitz. Falkenstein recently signed up several other clients who are considering suing.
Related: More Park City residents join legal battle against Homestead Apartments owner
For many, the gathering was an opportunity to better understand their rights after a boil-water advisory was issued Nov. 15 for a two-block radius surrounding the property. The order followed the discovery of coliform bacteria in the area’s well system. Officials later capped the complex’s sewer lines, forcing most tenants to vacate the building.
"People are scared. They don't know their rights," said Pop’s Inn owner Abby Johnson, who is also filing suit. "They don't know how to take care of it. They don't know if they should sue or if they should move."
Falkenstein, who has over 20 years of experience in contamination cases, answered residents' questions and discussed how those affected could move forward with legal action. He outlined the legal claims already in motion, including the first filed by resident Michael Grande and his family, who live less than 100 yards from the apartments. Grande alleges the contamination has caused physical and emotional harm.
Related: Park City family suing over water contamination from nearby apartment complex
“One of the goals of the lawsuit is to make sure that, leaving the issue of Gary's financial resources aside for a second, to make sure that the people in Park City who live within that zone don't have to bear the cost of doing the things that Gary's actions have forced them to do,” Falkenstein told the crowd. "Probably by the end of the day today, we will have lots of different plaintiffs, but we won't necessarily put all of those cases into suit.”
Pop's Inn became the latest to file suit earlier on Thursday. Johnson explained that the bar and casino have faced significant financial losses, as she has had to depend on bottled water, canned drinks, and frequent water safety testing. With none of the tap water on the property usable, Johnson also observed a noticeable decline in customers from Billings, likely as a result of the contamination.
"I probably wouldn't want to come to a place that I knew had sewage in their water system, so it's been rough," said Johnson. "I do have a chlorine system on this building, so we test daily as well as monthly. Our samples go to energy labs, and then we do a quarterly bacterial test as well. All of that obviously costs money. Bottled water costs money. Canned soda costs money.”
Related: Park City residents fed up after complex re-contaminates water supply and forces evictions
Nearby property owners also voiced concern about potential liability. Jay Story, who occasionally rents his property as an Airbnb, said he worries about guests becoming sick.
"I do question what my liability would be if some of that water is truly tainted and if somebody were to get sick, where that liability lies,” said Story. "That's really my concern is what is actually happening here, and what can we do about it? Who's going to be responsible if there are additional issues?"
Residents at the meeting described daily testing and water filtration upgrades as part of an ongoing struggle they say has lasted nearly two decades.
Weitz is also facing a pending lawsuit filed last year by the Park City Water and Sewer Board and Stillwater County Health Department. That complaint alleges the apartments leaked raw sewage into the nearby water table for years and details extensive plumbing failures and building safety code violations.
Falkenstein told attendees that the county’s case and the private lawsuits will likely parallel each other, adding that scientific testing of the water levels is ongoing.
"While there are different lawsuits and there are different claims that are being made, the county is looking at the same things that we are," said Falkenstein. "They're taking a pretty deep look scientifically right now because of the statements and the positions that Gary and his attorney are taking."
Weitz recently told MTN News that he has filed against the city and the county, saying they have violated his renters' civil rights. He has consistently disputed the county’s actions and maintains the claim that the leaks involved only fresh water, not sewage.
"There is no direct legal mechanism by which we can file this lawsuit and just say, 'Gary's gone. He's not the owner of this property anymore,'" said Falkenstein. "Because that remedy doesn't exist in the law, but we're navigating through these issues.”
While the legal process may be lengthy and still in the beginning stages, attendees said the meeting left them more hopeful that something will be done against the property owner.
“I hope that it kind of eases people's minds a little bit to know that there is an attorney out there that other people have hired to help them find some result, and I hope that some fear is kind of taken away from a lot of people," said Johnson. "I hope that we move in the right direction with the county to get this resolved.”
As for the outcome, Falkenstein said the path forward remains uncertain.
“So the question, 'What ultimately happens in this case?' Is one that at this point I just have to answer with an honest, 'I don't know yet,'" he said. "But we're working through it, and we will.”
Related:
Stillwater County says tenants must leave Homestead Apartments in Park City by Friday
Park City residents look to solve raw sewage in water aquifer
