REDWOOD CITY -- A man claims property damage from construction of alternative high school buildings.
Paul Leininger filed a complaint on April 29 in the Superior Court of California County of San Mateo against San Mateo Union High School District, Rodan Builders, Inc., and Does 1-100 for negligence, nuisance, trespass and inverse condemnation.
According to the complaint, Leininger owns property located at 880 Hinckley Road, Burlingame, California in the County of San Mateo that was significantly damaged as the direct result of San Mateo Union High School District's construction at New Peninsula High School, located at 858-860 Hinckley Road, Burlingame, California, which adjoins Leininger property line on the west side.
Leininger purchased the property in 1997 and is the president and owner of ABX Engineering, Inc. In early 2020, the school district allegedly hired a contractor to construct three proposed alternative education high school buildings at 860 Hinckley Road just 22 feet from the east side of the Leininger's property and, and 16 feet from a line of exterior roof columns of the property.
According to the complaint, between March 25, 2020, and April 17, 2020, during the construction of 125 95-foot-long, two-foot-diameter auger-cast piles caused soil and water displacement, and the ground vibration during the pile installation process caused a rise in groundwater level within and around the area of construction and on Leininger's property.
Because of the construction, Leininger's property allegedly suffered significant damage including "substantial cracking in the renovated bathroom, cracking throughout the brand new slate floor in the cafeteria, buckling of the carpet tiles and other floorings throughout the entire property, cracking of the foundation and concrete subflooring throughout the property, destruction of landscaping, complete destruction of an outdoor gazebo, trees and bench, lateral displacement, differential movement and cracking of the exterior concrete, tilting of exterior walls, and differential settlement of the floor slab."
Leininger seeks s general and special damages, pre-judgement interest, injunctive relief, attorney's fees and cost of suit and recoverable engineering, appraisal, and other fees according to proof. Leininger is represented by Brian J. McSweeney of Anderlini and McSweeney LLP.
Superior Court of California County of San Mateo case number 21-CIV-02487