Gilbert mayor, councilman subpoenaed to testify at trial - East Valley Tribune: East Valley Local News

Gilbert mayor, councilman subpoenaed to testify at trial

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Posted: Friday, March 19, 2004 8:50 am | Updated: 5:37 pm, Thu Oct 6, 2011.

The Gilbert mayor and a councilman have been subpoenaed to testify in an upcoming trial where two Gilbert families are suing the town over an alleged sewage station odor.

Hud and Carrie Rhodes and Troy and Amber Cook filed a lawsuit in 2002 alleging negligent design and maintenance of the Crossroads Sewage Lift Station.

The lawsuit claims the two families who live across the street from the station "have been forced to endure the intolerable and nauseating odors of raw sewage and possibly noxious gases."

The trial is set to start March 31 in Maricopa County Superior Court. Plaintiff attorney Jeff Gross said he subpoenaed Mayor Steve Berman and Councilman Don Skousen to testify because both acknowledged that the lift station has emitted odors.

"The town is now taking the position it never emitted odors, and we think that’s wrong," Gross said. "We believe both Berman and Skousen are on record saying it does stink."

Berman said he does not know what stinks out there. Skousen said he’s been to the property many times, but "I have to hold off (on commenting) until after I get my questions asked in court."

The lift station on Greenfield Road, between Ray and Williams Field roads, collects sewage and then pumps it to a larger treatment plant.

The Rhodes and Cooks moved into their homes in fall 2000 shortly before station construction began. It began operating about a year later and caused immediate odor problems, according to the lawsuit.

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