Storage unit company files suit against Lewiston

A storage unit company has filed a lawsuit against the city of Lewiston and other companies for negligence because of the High Reservoir rupture in 2023.

WEL LLC is represented by Blewett Mushlitz Hally in the complaint that was filed Monday in the 2nd Judicial District in Nez Perce County against the city of Lewiston, IMCO General Construction Inc. and Control System Technology Inc.

WEL LLC is the owner of 16th Avenue Mini Storage at 2820 16th Ave. that was affected by the High Reservoir rupture Jan. 18, 2023. The rushing water from the reservoir damaged eight buildings and flooded units; destroyed fencing and automatic gates; and washed away people’s personal property, according to the lawsuit.

The lawsuit states that a notice of claim with the city was filed July 7, 2023, and the city didn’t act on the claim within 90 days, resulting in a denial of the claim.

The lawsuit alleges negligence of the city and the other companies caused the storage unit to suffer damage from water and mud. The lawsuit outlines specific damages, repairs and costs associated with asphalt, parking, fencing, gates, stabilization issues with the lower unit, landscaping, storage unit buildings, garage doors, removal and disposal of damaged tenant property, and loss of rental income, according to court documents.

The lawsuit states the city is responsible for High Reservoir and its maintenance. The lawsuit alleges the city didn’t correctly maintain the reservoir with proper alarms, shutoff valves or overflow measures, and didn’t prevent leaks, according to court documents.

The lawsuit states that IMCO Construction was contracted by the city for the water treatment plant, which was being built during the rupture. Control Systems Technology was subcontracted for services by IMCO, according to court documents.

The lawsuit cites a report from the city on the reservoir rupture that stated that Jan. 17, 2023, during the construction of the new water plant an issue required Control Systems Technology to become involved. One of Control Systems Technology employees got remote access to the city’s system to resolve the issue related to the new water plant. The employee told an on-site employee to disconnect and reconnect the network cable to fix the issue, which led to the loss of network connectivity. While connectivity was lost, a valve became stuck, causing an inaccurate reading of the water level at the High Reservoir. The stuck valve caused the system to “continually call for water, leading to the overfilling of the reservoir.” The excessive water pressure then caused the reservoir rupture, according to court documents.

The lawsuit cites this as the reason for negligence of IMCO and Control Systems Technology, as well as holding the city of Lewiston liable. The lawsuit also alleges trespass for the water coming on to the property and nuisance. The lawsuit seeks damages for an amount proven in a jury trial as well as compensation from the city for the property, according to court documents.

Summons have been issued for the city of Lewiston, IMCO Inc. and Control Systems Technology.

Brewster may be contacted at kbrewster@lmtribune.com or at (208) 848-2297.