Lawsuit raises stink over sewer line

NOGALES — The city and its attorney, who developed a convenience store, are using their bureaucratic powers to stymie a competing project by not allowing it to hook up to the local sewer system, a recent court complaint claims.

The bizarre case in Santa Cruz County Superior Court involves allegations of small-town politicking, a potential conflict-of-interest and the lucrative business of selling gas and groceries just north of the Mexico border. If the claims are true, the case could paint the Nogales City Attorney’s Office in a bad light.

The complaint comes from Sherman Montgomery and Puchi Properties Inc., who own 1 acre just north of the U.S.-Mexico border along the southbound lanes of State Route 189. Joe Machado, the new City Attorney, developed a convenience store in the area as well.

In 1991, the city installed a sewer line there. At the time, Machado’s project was using it to discharge waste from the store and eventually tried to claim ownership of the line, the complaint claims. A judge ruled otherwise, but the City Council eventually divested itself of the sewer line in a closed session that violated the state’s Open Meetings laws, the complaint states.

But Machado’s business kept using it, it claims. And since then, Machado has become the City Attorney - whose office has direct influence over the sewer line ownership issues. Montgomery claims he has been told the sewer line is no longer operable, even though Machado’s old business is still using it, the complaint claims.

Montgomery says he has spent $100,000 to develop his property into a competing convenience store. But so far, he claims he has been unable to hook up the toilet due to city policies and Machado’s influence.

He is suing for compensatory and punitive damages in federal court. He is represented by Tucson lawyer Robert F. Kuhn.