Wright City was found not at fault for a driveway dispute in small claims court where a property owner challenged work done by the city's contractor, However, Steve Hoerr continues to argue that both …
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Wright City was found not at fault for a driveway dispute in small claims court where a property owner challenged work done by the city's contractor, However, Steve Hoerr continues to argue that both defendants in the case should be held responsible. The Wright City resident, who lives at 306 Elm, contends that both the city and Silex-based Mick Mehler and Sons Excavating Inc. should pay him for having to asphalt a portion of his driveway. The area in question had to be torn up last July after a sewer line was found to be damaged when water lines were being installed along Elm Street. "If I do it for myself, I have do it for free," Hoerr said. In the petition filed May 13, Hoerr wanted to be reimbursed $3,000 to have the portion of his driveway asphalted. He also alleged he breathed raw sewage for four to five months. Associate Circuit Judge Wes Dalton heard the case last Wednesday. In the judgment filed the following day, Dalton ruled in favor of the defendants and ordered Hoerr to pay $45.04 in court costs. When Hoerr learned of the ruling he said, "It's more (crap). "How can you damage somebody's property and not pay for it?" City officials argued Hoerr had numerous chances to fix the problem without incurring any costs. In a letter dated Oct. 30, 2008, sent to Hoerr, George Mehler stated his company would review the situation and fix any problems. However, if it was found the asphalt company was not at fault, Mehler asked to be reimbursed $960 for having a crew there. City officials said Hoerr ignored the letter and stated he didn't want to be responsible for paying to fix his driveway. During the nearly yearlong dispute, Hoerr said he would rather do the work and be reimbursed for his supplies and labor. Hoerr said he wants to see his entire driveway asphalted similar to how it was before the water line was installed. A 10-foot by 24-foot area between the sidewalk and Elm Street is now filled with rock. "I don't want (Mehler and Sons or the city) on my property," Hoerr said. He also said he is angered city officials didn't back him during the dispute with the contractor. Alderman Jim Schuchmann disagreed with Hoerr's interpretation. He said the city took numerous steps to resolve the issue between Hoerr and Mehler and Sons. Schuchmann added the city agreed to have a supervisor on hand while excavating work was being done to serve as a third party in case of any disagreements between Hoerr and the contractor. "All along, the city wanted to take care of this, but we had to follow the proper procedures," he said.