When luxury lofts went on the market six years ago in a new building across from Piedmont Park, they were snapped up quickly by home buyers who valued the view, high ceilings and prime Midtown location. But by the spring of 2002, homeowners at Lofts at the Park II learned to their horror that heavy rains caused storm water and sewage to erupt into their parking garage. Sometimes, waters swelled up to 5 feet high. In the summer, the smell of the baked sewage was almost unbearable. The 22 homeowners took their case to court. On Tuesday, they were awarded $5.58 million in damages by a Fulton County Superior Court jury. Awards range from $161,800 to $299,200 per loft. The money is unlikely to make the smell any better. Engineering experts testified at trial that it may not be possible to fix the drainage problems. The jury returned its verdict against Greenhorne & O'Mara Inc., a Laurel, Md.-based civil engineering firm. The homeowners initially filed suit against the city of Atlanta, but the city was dismissed from the case. Evidence at trial showed that Greenhorne & O'Mara failed in its design of the sewage pipes that connect the city sewer system to the building, said Atlanta lawyer David Marmins, who represented the residents who own 23 of the building's 24 lofts. One homeowner did not join the litigation. The homeowners who filed the lawsuit earlier reached settlements totaling $1.13 million against others involved in developing and constructing the building, he said. The lofts, which sold for $250,000 to $500,000 each, occupy the top five floors of the seven-story building, with the parking garage on the bottom floors. Since May 2002, storm water and sewage have flooded the parking garage 23 times, said Marmins, who tried the case with fellow Balch & Bingham lawyers Mike Bowers and Matthew Ames. Brian Davis, president of the lofts' homeowners association, said that the water rose so high in the garage that residents got soaked wading through the sewage trying to save their cars. The elevator well brings the stench from the garage to the upper levels of the building, he said. "Some people fell down under the sewage," said Davis, a 44-year-old computer consultant. "It's been terrible." To make matters worse, Marmins added, there may be no way to fix the drainage system. One expert who testified at trial said the only solution would be to either move the building or convert the parking garage into a massive septic tank, Marmins said. "Those are not real options," Marmins said. "The building probably never should have been built, but everyone wanted to make their money." Davis said the lofts' residents not only have to live with the smell and the water, but often have to find parking on the street, a daunting task when Piedmont Park hosts festivals. "It's been going on for almost four years, and it's been extremely difficult," Davis said. "I wouldn't wish this on anybody."

(Copyright © 2006 Atlanta Journal and Constitution)