Harvard sues banquet facility

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HARVARD – The city has sued Stratford Banquet Facility to enforce a 1992 agreement that the business hook up to Harvard’s water supply.

Stratford’s owners have refused to do so, arguing in court documents that the water supply from the city would not be safe to use.

Although there is a 1992 agreement that states Stratford would connect to the city’s water supply once water mains reached the property – that happened when Wal-Mart located to McGuire Road – Stratford has not done so. In September, the city sued.

Stratford, in its response to the city, argues that the dead-end water line that reaches its property will create an unsafe situation: “... water obtained from the water line is unlikely to continue to remain safe for consumption due to the length of the stubbed water main and insufficient future water usage from the main by the defendants ...”

“That’s not true,” Harvard City Manager David Nelson said, adding that the city has several stubbed water mains and has not had any water quality problems associated with them.

“You can’t always have a looped line,” said Harvard’s at­torney, Carlos S. Arévalo. Arévalo said the city already flushed other stubbed water lines to maintain water quality and would do so in this case, as well.

The dispute between the city and Stratford dates to the early 1990s, when Stratford, 21007 McGuire Road, was issued a permit by the city to build a private well.

According to the city’s lawsuit, the city’s code required that the banquet facility be connected to the city’s water supply; despite this, the permit for a private well was issued. Nelson said that the building inspector who issued the permit was forced to resign.

The city and Stratford’s owners – Elvis and Carolyn Henson – then came to agreement in 1992 that the banquet facility would connect to the city’s water supply once the city’s water mains were extended.

However, there are disagreements over what is required of the Hensons. In their response to the lawsuit, the Hensons dispute that costs referred to in the agreement with the city include tap-on and water meter fees. Nelson said that the fees amount to about $5,000.

Another issue to be resolved is a property easement that city officials say is needed to maintain the line.

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