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Kmart sues RK Plaza, Merchants over floods

By Ginger Kozlowski

After five floods in the past three years, Kmart has apparently had enough, filing a lawsuit against RK Plaza and Merchants Automotive for more than $2 million in damages.

The store, located at 1267 Hooksett Road, suffered flooding to the parking lot and building on May 13, 2006; April 16, 2007; March 7, 2008; July 24, 2008; and Sept. 6, 2008.

Other stores in the plaza also suffered damage but were not named in the lawsuit, filed in U.S. District Court on May 11.

The document says RK Plaza failed to ensure the drainage system could handle floodwaters as outlined in its contract to provide sufficient water retention systems, as well a failing to install a $145,000 containment system and floodgates, which Kmart eventually installed on its own. RK never reimbursed Kmart for that system, according to the document.

Kmart spent more than a half million dollars to fix the store after the first flood, believing RK would reimburse those expenses, says the lawsuit, but that also was not reimbursed.

Merchants Auto was held responsible for the flooding by paving more of its car sales lot across the street from Kmart and installing drainage systems that actually increased the risk of flooding at the plaza, which sits lower than the Merchants lot.

Published Wednesday, June 03, 2009 3:09 PM by Hooksett Editor

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