Suit filed against B.R. apartment complex for sewage dumping

Phil Witter is suing the owners of Fairway View Apartments on College Drive near Corporate Boulevard for dumping raw sewage onto his adjacent property. Witter filed the suit on Tuesday evening on behalf of himself and also anyone who lives or works in the immediate vicinity, and is seeking class certification from the 19th Judicial District Court. “I filed this suit as a class action on behalf of the people who live and work in the area of the Fairway View and who have had to put up with the smell of raw sewage for months now,” Witter tells Daily Report. “I asked the owners of the apartments to fix the sewer leak, and they have not fixed it.” In mid-December, Witter collected water samples flowing from the apartment complex and sent them to a laboratory for testing, which confirmed higher-than-permitted contents of fecal coliform, the court documents allege. The suit also accuses the defendants of creating a public health hazard, contaminating groundwater, and failing to prevent tenants from throwing garbage onto his property. The suit seeks unspecified damages. Fairway View Apartments are owned by out-of-state investors, including, the California State Teachers Retirement System. A call to the attorney representing the complex owners was not returned in time for publication. —Stephanie Riegel