ELECTRONICALLY FILED - 2018 Jun 05 1:53 PM - GREENVILLE - COMMON PLEAS - CASE#2018CP2303180

STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS

THIRTEENTH JUDICIAL CIRCUIT
COUNTY OF GREENVILLE
C.A. No. 2018-CP-23-_________
Bayou Land Company, LLC and
Interkraft SC, LLC;

Plaintiff,
COMPLAINT
v.

City of Simpsonville,

Defendant.
____________________________________

COME NOW Plaintiffs, complaining of the Defendant herein, alleging and respectfully

showing unto this Honorable Court as follows:

1. Plaintiff Bayou Land Company, LLC (hereinafter “Bayou”) is a limited liability

company organized and existing in the State of South Carolina and is the owner of certain real

property and improvements thereon (hereinafter, “Property”), in the City of Simpsonville, County

of Greenville, described more particularly as follows:

All that certain piece, parcel or tract of land situate, lying and being in the
County of Greenville, State of South Carolina on the southern side of S.E. Main
Street, Simpsonville, SC (S.C. Highway No. 14) and being shown and designated
at 13.426 acres, more or less, on a plat entitled, “Survey for Bayou Land Co., LLC”
dated November 3, 2014 and recorded November 12, 2014 in Plat Book 1193 at
Page 54, and having the metes and bounds, courses and distances as upon said plat
appear.

Tax Map Nos. 0323010101301 and 0323010101401

2. Plaintiff Interkraft SC, LLC (hereinafter, “Interkraft”) is a limited liability company

organized and existing in the State of South Carolina. Interkraft leases and operates a paper and

cardboard manufacturing facility (hereinafter, “Paper Plant”) situated on the Property. Interkraft

has been in continuous possession of the Property since December 1, 2014.

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3. Defendant is a validly incorporated South Carolina municipality existing in

Greenville County. Defendant owns and operates a sanitary sewer system for the collection and

treatment of sewage in municipal limits.

4. This action is based upon damages caused by the sanitary sewer system owned and

operated by the Defendant. The damage occurred in the County of Greenville, State of South

Carolina.

5. Jurisdiction and venue are properly before this Court.

GENERAL ALLEGATIONS

6. The foregoing allegations are incorporated herein by reference as if fully restated

verbatim.

7. Defendant owns a small lot adjacent to the northwestern corner of the Property,

upon which Defendant has operated a lift station for approximately thirty-five years.

8. The lift station pumps and/or lifts raw sewage from the Paper Plant’s lateral sewer

line to the Defendant’s main sewer line, which is higher than the Paper Plant. Without the lift

station, raw sewage cannot efficiently or consistently enter the Defendant’s main sewer line.

9. On or about August 3, 2016, raw sewage spilled into the Paper Plant from its

bathrooms (hereinafter, “back-up”) causing damage to the Paper Plant. Interkraft engaged a third-

party contractor to investigate and repair the back-up and resulting damage.

10. The investigation revealed that the lift station was inoperable and incapable of

being repaired. It was further revealed that the entire lateral line, which is approximately three

hundred feet long, was full of raw sewage.

 ELECTRONICALLY FILED - 2018 Jun 05 1:53 PM - GREENVILLE - COMMON PLEAS - CASE#2018CP2303180
11. Plaintiffs notified Defendant of the results of its investigation and requested the

Defendant provide an operable lift station or other repairs to restore sanitary sewer service to the

Paper Plant.

12. Defendant denied ownership of the lot and lift station until it was confronted with

public records establishing the Defendant’s title to the lot and lift-station. Thereafter, Defendant

denied it was responsible for the maintenance and operation of the lift station.

13. Plaintiffs continued to make demands for the repair and/or replacement of the lift

station and lateral line to which Defendant responded with an offer to transfer title of its lot and

lift station to Plaintiffs for no consideration. Defendant also offered to waive all permit

requirements for the installation of a new lateral line and lift station.

14. The lift station remains inoperable and upon information and belief, raw sewage

from the Paper Plant is draining from the lateral line into the ground, creating a cesspool.

15. Plaintiffs incurred significant expenses for the investigation of the back-up and

repairs to the Paper Plant for the damage caused by the back-up.

16. Plaintiffs made demand upon Defendant for reimbursement of the expenses,

replacement of the lateral line and lift station, loss of use and diminution in value of the Property,

and other damages, but Defendant has failed to respond and refused to remit payments.

FOR A FIRST CAUSE OF ACTION

(Negligence and Gross Negligence)

17. The foregoing allegations are incorporated herein by reference as if fully restated

verbatim.

18. Defendant owed a duty to operate and maintain the pumping station in a safe and

reasonable manner for safe and sanitary draining and to prevent damage to Plaintiffs’ property.
 ELECTRONICALLY FILED - 2018 Jun 05 1:53 PM - GREENVILLE - COMMON PLEAS - CASE#2018CP2303180
19. Defendant negligently breached its duty by failing to conduct regular inspections,

perform routine maintenance, or otherwise maintain the pumping station in a safe and reasonable

manner.

20. As a direct and proximate result of Defendant’s wrongful and negligent conduct,

Plaintiffs have suffered loss of use, diminution in the value of the Property, the cost of necessary

repairs, and other actual and consequential damages.

FOR A SECOND CAUSE OF ACTION

(Inverse Condemnation)

21. The foregoing allegations are incorporated herein by reference as if fully restated

verbatim.

22. The nature of the real property interests inversely condemned and the parameters

of the affected property involved are set forth in Paragraphs 1 and 2 above.

23. Defendant’s wrongful conduct toward the real property was the overt conduct of a

public agency which permanently took, damaged and/or diminished the property without

payment or compensation.

24. As a direct and proximate result of Defendant’s wrongful conduct and inverse

condemnation, Plaintiffs seek damages for just compensation, attorney’s fees, repair and/or

replacement expenses, and other actual and consequential damages.

FOR A THIRD CAUSE OF ACTION

(Trespass)

25. The foregoing allegations are incorporated herein by reference as if fully restated

verbatim.

26. Defendant affirmatively caused effluent from its sanitary sewer system to enter

into and remain in the real property.

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27. Defendant damaged the real property by permanently destroying the interior of

the building on the real property. The intrusion of sewer effluent directly limited Plaintiffs use

of its property.

28. As a direct and proximate result of Defendant’s intentional trespass, Plaintiffs

seek actual damages, consequential damages, incidental damages, and costs and attorney’s fees.

WHEREFORE, Plaintiffs pray for judgment against the Defendant and that this Court

award Plaintiffs the following:

1. Actual, consequential, and incidental damages;

2. Costs of this action and attorney’s fees; and

3. Such other and further relief as the Court deems just and proper.

Respectfully submitted,

___s/J. J. Andrighetti_______________________
J. J. Andrighetti (SC Bar # 72741)
KEHL CULBERTSON ANDRIGHETTI, LLC
114 Manly Street
Greenville, South Carolina 29601
864.370.8222
jj@palmettolawfirm.com
Attorney for Plaintiffs

Greenville, South Carolina

June 5, 2018
 ELECTRONICALLY FILED - 2018 Jun 05 1:53 PM - GREENVILLE - COMMON PLEAS - CASE#2018CP2303180
STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS
THIRTEENTH JUDICIAL CIRCUIT
COUNTY OF GREENVILLE
C.A. No. 2018-CP-23-_________
Bayou Land Company, LLC and
Interkraft SC, LLC,

Plaintiffs,
SUMMONS
v.

City of Simpsonville,

Defendant.
____________________________________

TO THE DEFENDANT ABOVE NAMED:

YOU ARE HEREBY SUMMONED and required to answer the Complaint herein, a copy
of which is herewith served upon you, and to serve a copy of your Answer to said Complaint
upon the subscribers at his office at Kehl Culbertson Andrighetti, LLC, 114 Manly Street,
Greenville, South Carolina 29601, within thirty (30) days after service hereof, exclusive of the
day of such service, and if you fail to Answer the Complaint within the time aforesaid, judgment
by default will be rendered against you for the relief demanded in the Complaint.

___s/J. J. Andrighetti_______________________________
J. J. Andrighetti (SC Bar # 72741)
KEHL CULBERTSON ANDRIGHETTI, LLC
114 Manly Street
Greenville, SC 29601
P: 864/370-8222
F: 864/370-8227
jj@palmettolawfirm.com
Attorney for the Plaintiffs

Greenville, South Carolina

June 5, 2018