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show separation, and the kitchen tiles cracked. The putty
holding the large living room windows began to ooze out around
the glass as if being compressed. Tile in other areas of the
home cracked, as did the shower. The drywall nails popped out
from the hallway wall. Concrete in other areas of the property
also cracked and separated, including the garage floor, driveway,
patios, and walkways. The garage door would no longer close
properly. The fence, which had already been realigned once,
began leaning and separating, and the gate could no longer close
or open properly.
Feeling that the floor inside the home was also
"separating", petitioners pulled the carpet back and revealed
deep cracks in the foundation. The slab had cracked due to a 3-
inch vertical shift in the foundation. Because the cracking of
the slab foundation had damaged the radiant heating pipes laid
within, petitioners’ heating system no longer functioned and
needed complete replacement. The damage to the foundation was so
severe that the house had to be lifted and placed on Perma-jacks
to stabilize it. When this was done, the kitchen walls,
countertops, and flooring were crushed by the movement and had to
be rebuilt.
Petitioners’ neighbor, John Lane (Lane), had caused the
damage when he removed a lateral support berm between the
properties. Petitioners discussed the damage with an engineer,
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Last modified: May 25, 2011