Lena Taylor Could Sue City Over Flooding

State Senator Lena Taylor wears a lot of hats: legislator, lawyer and landlord. On Monday she tried them all on at once.

Taylor has two claims pending against the city for water damage that could become lawsuits. A rental property she owns at 3428 W. State St. has been flooded at least twice in recent years.

“Zero water until the street work was done,” said Taylor, summarizing the condition of a property she said she’s owned for almost 30 years in her remarks to the Judiciary & Legislation Committee.

According to letters from the City Attorney’s Office, Taylor is seeking $113,600 in two claims. The first is for $93,600, which includes cleaning ($6,000), plumbing ($20,000), repairs ($50,000), lost property ($10,000) and lost rental income ($3,600) for an April 21, 2021 basement flood. The second claim is for an October 13, 2021 basement sewer backup that a letter from Taylor says would cost her $20,000.

Taylor, as summarized by the City Attorney’s Office, alleges that a city contractor failed to install a concrete sub-base under the roadway and fill the excavation with road slurry. As a result, a sinkhole formed and the sewer serving her property collapsed.

“I can’t explain what happened, but something happened,” said Taylor in an interview with Urban Milwaukee. She said she’s owned multiple properties on the block, and never had water issues until after the roadway project. Taylor said her final claim would be for less than $100,000, and that the second claim was just to illustrate that a plumber is recommending a sewer lateral be replaced for a second time.

According to city records, a two-foot sinkhole around a water box was found in August 2020 and the Milwaukee Water Works raised the box as a result. Taylor, according to city records, called about backwater in November 2020 and the issue was determined to be an issue with her privately-owned sewer lateral. She called again twice in December 2020 and was advised the issue stems from her plumbing.

But Taylor, in a letter submitted with the second claim on Oct. 14, puts the blame for the sewer issues on the city’s work. She cites an email from her contractor, licensed plumber Rashawn Spivey of Hero Plumbing, as evidence and notes that she had already replaced the sewer line once after the roadway project. Spivey said the sewer issues were occurring around the water box.

Taylor, who said she was sent the wrong link, appeared a half-hour late to Monday’s meeting. Area Alderman Robert Bauman had already moved to have the council deny her claim, allowing her to pursue the matter in court. “I am not sure our having a hearing would make a lot of sense,” said Bauman, noting the complexity of the matter and that a lawsuit would allow a formal discovery process.

But Taylor disagreed once she appeared.

“I think we need to clean up the information on what the claim is,” she said. The senator said she was able to navigate the process as an experienced legislator and attorney, but was frustrated the city wanted $3,000 for records related to maintenance work in the area. “This is something that the city caused and responsibility should happen.”

Deputy city attorney Robin A. Pederson said Taylor was requesting records from nine city divisions going back 13 years. “This isn’t a small request,” he said.

“I would prefer if we talked about the details of the open records request offline,” said Judiciary Committee chair., Ald. Ashanti Hamilton, who repeatedly said he didn’t want to reopen Taylor’s claim for a hearing.

The chair, with Taylor’s agreement, said he would leave Bauman’s motion to deny in place, but the council could send the matter back to the committee when it meets on May 10. Assistant City Attorney Jack McNally and Taylor were to discuss the matter further.

“I would just like to get it right,” said Taylor.

The house was used as a Marquette University fraternity house before her acquisition. It was her law office before she began renting it out to residents.

“This was a finished basement with a full bar that I’m certain the fraternity house used a lot more than me,” she said.

Taylor, who ran unsuccessfully for mayor in 2020 and 2022, said she has owned up to 20 rental properties during her career. The 1,804-square-foot house on W. State St. was acquired for $22,500 decades ago and is assessed for $154,900.

The council routinely denies claims against the city, a legal necessity to allow a lawsuit to move forward. It may also settle claims before going to court, a tactic often used for small claims.