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Jury awards $2.3 million to developers

By Gerard Hetman Abington Journal Reporter

 SCRANTON - A jury decision in Lackawanna County Court awarded more than $2.3 million in damages, plus interest, to local land developers Wednesday morning, Sept. 30.

In the final phase of a trial that began Monday, September 21, it was determined that Clarks Summit Borough will be held responsible for paying damages to property owner Peter Amato and land developer Michael Noto, for losses related to the borough’s closure of Grandview Street in November 2003. The jury determined that the borough will need to compensate Amato and Noto for $790,000 in damages for diminished value of real estate, and $1,525,338 for additional improvement costs relating to the development of an access road following the closure of Grandview Street.

Added together, the total damages awarded by the jury amounts to $2,315,338. The figure does not include interest that is also owed as part of the compensation.

Noto and Amato originally filed suit against Clarks Summit Borough in November 2003, after the borough closed a section of Grandview Street that provided access to property owned by Amato. Located in South Abington Township, the property was set to be developed by Noto into a housing development, with Grandview Street providing the only access into the property at the time. After the closure, Amato and Noto developed a section of Country Club Road in South Abington Township to provide access to the development. Their suit sought damages dealing with lost property value relating to the lack of access following the closure of Grandview Street, as well as compensation for costs relating to the development of Country Club Road.

After closing arguments were delivered on Tuesday, the jury began deliberations late Tuesday before adjourning for the day. A verdict was reached in the case at approximately 11:00 a.m. on Wednesday morning, with an announcement of the verdict coming from Judge Carmen Minora shortly thereafter. Following the reading of the verdict, both Noto and Amato expressed relief that the proceedings had reached a conclusion.

“I’m happy it’s over,” Amato said of the case. “We want to thank God, as well as everyone in the community who has supported us during the years.”

“We’re been trying to settle this for years,” Noto added. “We never wanted things to get to this point. We’re happy it’s finished.”

Still, Clarks Summit borough officials remained steadfast on the closure of Grandview Street, which they claim occurred strictly for safety reasons relating to residents of the thoroughfare.

“The most important thing about this decision is that it involves money, and not any injuries to anyone,” Gerrie Carey, president of Clarks Summit Borough Council said following the verdict. “No child was hit by a car, no pedestrian was injured. We’ll work out a way to deal with the financial implications of this decision.”

Carey referred to the area in question, on the territorial line between Clarks Summit Borough and South Abington Township, which transitions from a paved street to a dirt path used for bicycle and foot traffic.

“We’ll appeal,” said Ernest Preate Jr., Clarks Summit Borough Solicitor, who represented the borough in the case.