Metro sues developer over Orange Line damage
By: Kytja Weir
Examiner Staff Writer
September 30, 2009
Metro is suing a well-known D.C. developer for $11 million, arguing that soil stockpiled on the company's property caused damage to an elevated section of the Orange Line.
The suit filed in U.S. District Court in Maryland says that Jemal's Fairfield Farms LLC, a company run by Douglas Jemal, piled soil on a corner of its property off Addison Road in Prince George's County near the transit system's Orange Line tracks.
The weight caused the hillside to fail, the lawsuit says, shifting the ground under the bridge and the track supports between the Cheverly and Deanwood stations. It has caused "significant damage," the suit says, forcing trains to run at slower speeds through the area.
Metro spokesman Steven Taubenkibel said the tracks are safe to travel on, despite the slower speeds.
The lawsuit marks a shift from defense to offense for the financially challenged transit agency, which usually is forced to defend itself in high-dollar lawsuits. The case is the only one of more than 50 suits involving the transit agency filed in federal courts in the past year to have Metro listed as the lead plaintiff, court records show.
"It is rare for the transit agency to file a lawsuit," Taubenkibel acknowledged. "However, when we believe our interests or our property have been damaged, we will take the appropriate action to seek legal remedy."
"It is rare for the transit agency to file a lawsuit," Taubenkibel acknowledged. "However, when we believe our interests or our property have been damaged, we will take the appropriate action to seek legal remedy."
In late March, Metro's board fired a warning shot to the developer when it agreed to reallocate $9.7 million from other projects to repair the section of track near the Cheverly station.
Representatives of Douglas Development Corp. did not return calls for comment Tuesday. But earlier this year a spokesman said the company did not believe it caused the problem.
Metro crews noticed that the alignment of a section of tracks had shifted near Beaver Dam Creek in December 2007, causing bolts to snap on the beams that hold an elevated portion of the tracks. Taubenkibel said the area is still safe for trains to pass through.
He could not say Tuesday when the line will be fixed, nor when trains can return to normal speeds there, as the agency is still talking with the developer.
