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A candidate for the Frederick Board of County Commissioners plans to sue the Town of Thurmont for $500,000 over what he says was a sewer line backup that damaged his home in March.

Kirby Delauter said the decision to sue was not easy, but he had no choice. "I grew up in this town," he said. "I respect this town and I want to protect this town, but I also want to protect my family."

Delauter's attorney, Lloyd Hopkins of Frederick, put Thurmont on notice last week that Delauter intends to sue for $500,000 in damages and diminished home value caused by what Delauter said was a sewer line backup that occurred after heavy rain.

By law, anyone who wants to sue the government has to give at least 180 days notice. Delauter said he contacted town officials in June, but received no response.

Hopkins was the attorney for homeowners who sued the town after sewage backed up in their basements on Iron Master Court in 2003. The town's insurance company paid $2.6 million to seven homeowners in 2007.

"My attorney may not be friendly to Thurmont, but at this point I am not in a friendly mood," said Delauter, who also serves as chair of the town's Board of Appeals and is a member of the town's Police Commission.

Delauter said he only wants to be "made whole," and that he is not looking for a payday. The $500,000 figure was recommended by his attorney, he said, but he is willing to settle for less, depending on the results of an appraisal of his home.

He estimated damages to his basement at $60,000 and said his house has previously been appraised at near $500,000. If he wants to sell his home, he is concerned that a history of sewer issues will diminish his property value.

"I just wanted to get their [the town's] attention with that figure," Delauter said. "We can always come down from that."

Mayor Martin Burns, however, said he has doubts about the town's role in Delauter's troubles, and that much of what has transpired since March has been a "he-said, she-said situation."

Delauter said his homeowner's insurance covers damages related to sewer problems, but the insurance company is arguing that the damage was caused by water coming through the basement windows and refuses to pay. He declined to name his insurance company.

"I've heard conflicting stories," Burns said. "We checked the lines right away and they weren't full. ... Kirby told me initially it was water damage, and the only time it became about sewage was when his insurance company wasn't covering it."

Delauter said Burns' recollection is not quite accurate, and cited a conversation the two men had over conflicting reports about the damage from Delauter's insurance company.

Two witnesses from the Thurmont Guardian Hose Company, Wayne Stackhouse and Steve Yingling, can confirm that the flooding was coming from drains in Delauter's basement, not the windows, Delauter said. Neither was available for comment before The Gazette's press time.

Delauter said he also has a written statement from the Guardian Hose Company affirming that the water was coming from the drains, he said. The fire company responded to the scene after the water reached electrical outlets, which started to spark.

Delauter said he sent an e-mail to town officials on June 23 and did not hear from anyone until his attorney filed the intent to sue last week. Burns called Delauter's assertion "laughable." He said he had talked to Delauter and told him to deal with Bill Blakeslee, the town's chief administrator.

As for the e-mail, Burns said that after a search, he found it, but said that the e-mail was not clear because Delauter had buried the information about potential legal action at the end.

Delauter, who provided that e-mail to The Gazette, said he does not know how he could be clearer in his request for a discussion with town officials. The third paragraph reads: "Last, some of you are aware that I had an incident with sewage backup in my house several months back. Our insurance company has denied the claim for repairs to our home. I have retained an Attorney to file suit against the insurer. I've been made aware that the Town may be named as well either through my insurer, or by my wife and I, depending on the Law. I have discussed this with Bill, and have informed him that it is not my intention to harm the Town in any way. I would like to meet with the Board, to discuss, if you think that would be productive. Again, I want to be up front and open with the Town, and say again that I do not want to harm the Town in any way."

After Delauter's attorney filed the legal paperwork last week, Delauter said two town commissioners, whom he would not name, threatened him with press coverage.

"When the town got the letter, I got a call from two of the commissioners to meet with them," he said. "One held up the letter and said, ‘You are running for county commissioner, do you want people to know about this?' and I said, go ahead and print it."

"I want it made plain that I am not out to hurt the town, but I am torn because I have a responsibility to my family," Delauter said. "The longer they screw with me, the worse it is. ... They just have this attitude that if they ignore it, it will go away."

Burns said the case is now in the hands of the town's insurance company, and that while he hopes it does not go to court, he anticipates that it likely will. "Just because someone says something happened, doesn't make it so," he said. "And Kirby's lawyer is chomping at the bit. He wants to sue and sue and sue."

kheerbrandt@gazette.net