Special Magistrate Amity Barnard continued a dispute over a collapsed culvert under a town dirt road after town staff and homeowners presented conflicting accounts of what caused the washout.

Town code compliance officer John Suarez said the case (CE2547) involved “a pipe that was collapsing the roadway, making it a public safety issue,” and Public Works Superintendent Craig Lauer testified he responded to a night‑time emergency and observed a collapsed pipe and a 15‑foot blowout. Lauer said crews dug the pipe, found interior corrosion and had to add material to the roadway to keep it passable.

Homeowners’ counsel Melissa Cluski disputed the town’s timeline and causation, saying the town or a water‑district contractor performed a road project in May 2025 that covered the existing culvert and led to flooding on the property. Cluski argued the town had not proven an imminent public health threat and requested more time and records. “There’s no imminent public threat hasn’t been established,” Cluski said on the record.

Barnard admitted both the town’s composite exhibit and respondents’ exhibits into evidence and added 17 photographs dated Nov. 6, 2025, to the file. Because parties asked for time to review documents and pursue permitting, the magistrate reset the matter for a violation hearing on Feb. 2, 2026, at 9 a.m. The magistrate instructed town staff to keep the case file intact and directed parties to continue discussions and, where applicable, pursue permits (for example, a right‑of‑way or road/repair permit) before the next hearing.

The continuation preserves parties’ rights to present further records and witness testimony on causation and responsibility. The magistrate noted the town had shown emergency response and photos consistent with a roadway blowout and ordered the town to include newly brought photographs in the case file for the Feb. hearing.

Next steps: the parties will attempt to resolve permitting and repair responsibility; if the matter returns to the magistrate, she will hear the merits and issue a written order.