Lawsuit blames farm property damage on EF project

Richard and Irene Everly claim more than $750,000 in damage was done to their farm.

By the MVI

An Elizabeth Township couple is suing the Elizabeth Forward School District, its former board president, two construction companies and an architect firm over claims the renovations at the high school have caused ongoing flooding, sedimentation, and thousands of dollars in property damage to their farm.

Richard and Irene Everly of Elizbeth Township claim in a lawsuit that excavation and construction at nearby Elizabeth Forward High School caused flooding damage to their barn. (Courtesy of Allegheny County Common Pleas Court)

Richard M. Everly and Irene E. Everly, of Weigles Hill Road, filed the 50page lawsuit Friday in the Allegheny County Court of Common Pleas. The couple are represented by attorneys Andrew M. Kuzma and Corey A. Leon of Kuzma & Leon. Kuzma is also a state representative, serving the 39th District, which includes communities in the school district.

In addition to the district, the couple is suing Macson Corporation of Clairton, which is serving as “Clerk of the Works” for the school district, overseeing design, planning, and administration of construction and site work at the high school; Rycon Construction Inc., the general contractor for the high school reconstruction project; McLean Architects LLC of Pittsburgh, the project architect and design professional for the reconstruction, including site, grading, and stormwater management design; and school board Director Thomas Sharkey Jr., the former president of the board.

Work at the high school has been ongoing following the Feb. 12, 2023, fire that damaged the auditorium, mechanical room and other portions of the building.

The couple is suing for negligence, private nuisance, trespass, and inverse condemnation/de facto taking, claiming the property was regraded, raising elevation by 60–70 feet, altering stormwater flow and that inadequate stormwater management led to flooding, sedimentation, and property damage on the Everly farm. The lawsuit also claims a violation of Pennsylvania Burial Ground and Cultural Resources Statutes.

“Defendants disturbed a known Native American burial ground during construction without required consultation or approvals, violating state and federal statutes,” the lawsuit states.

The couple is also suing for breach of contract, claiming the district promised to implement specific remediation to correct the problems, but failed to do so.

“Plaintiffs obtained bids from qualified contractors to perform the corrective work in accordance with the Everly Remediation Specifications, including a written proposal dated May 15, 2026, from Rosscapes, Inc., setting forth in itemized detail the scope of the required repair work at two locations on the Everly Property (culvert under blacktop driveway and associated v-ditches, and undersized culvert near the back side of the barn), together with all associated design, permitting and mitigation, at a total cost of $248,850,” the suit states.

The lawsuit states around June 8, 2025, through the date of the lawsuit filing, Richard M. Everly has repeatedly told the defendants about ongoing flooding, mud, spring water, erosion, and property damage on his property. He has regularly sent the defendants photos, videos, and other evidence showing these problems.

The suit claims even though the defendants admitted there was a problem and proposed a plan to fix it, and the plaintiffs got bids from contractors, the school district has refused to pay for or approve the repairs. The suit states that water, mud, and debris have repeatedly flooded the property and barn, causing standing water and mud inside the barn, damage to farm equipment and hay, driveway and road damage, erosion and loss of pasture and making the barn unusable for farming.

According to the lawsuit, the damages to the Everly property include:

• The barn needs to be replaced, costing over $200,000.

• Storm drainage systems (like catch basins, culverts, and swales) need to be installed, estimated at about $248,850.

• A new farm driveway needs to be built, costing over $100,000.

The suit states the defendants on June 14, 2025, did a “quick, superficial repair” on the driveway, but it didn’t fix the real problem and water was still running across the yard by the barn. On June 17, 2025, the couple claims another quick repair attempt by the defendants caused a broken electric line. On June 19, 2025, the plaintiffs’ lawyer contacted the Pennsylvania Department of Environmental Protection about flooding and sediment problems. On June 20, 2025, the plaintiffs reported more flooding in their barn and were told that the Allegheny County Conservation District would help review the site.

Elizabeth Forward School District Solicitor Megan Turnbull told the Mon Valley Independent the district cannot comment at this time because the lawsuit was filed recently and the district hasn’t been able to review it yet. Kuzma also said he is unable to comment on the litigation at this time.

Sharkey called the lawsuit a “hit job,” and told the Mon Valley Independent he should be asked why a sitting state representative who secured grant funding for the school district put his name on the lawsuit. Sharkey questioned why he is the only one being targeted as one of nine board members, and asked why the civil engineer is not involved in the lawsuit.

“I’ve never met the Everlys. I’ve never been on their property. The lawsuit, which has been filed by the school district’s very own state Rep. Andrew Kuzma, is a complete fabrication and political hit job on myself,” Sharkey said. “I won’t comment on the accusations made in the lawsuit, but I cannot understand why a sitting state representative would sue the very district that he has advocated for grant money for. It’s mind boggling and seems like a clear conflict of interest for the taxpayers of which he is sworn to represent. It’s an ethical violation. There’s no question.”

The couple is asking for a jury trial and seeking damages in excess of $750,000, along with court costs and legal fees.