A closer look: Why Liberty Utilities’ arguments were favored in Apple Valley’s eminent domain lawsuit
When lawyers for the Town of Apple Valley first presented their arguments in a lawsuit for taking over the water system owned by Liberty Utilities, they leveled a serious charge. According to Kendall MacVey, an attorney with Best Best & Krieger, the firm’s expert who had conducted a three-day inspection of the system discovered nine out of 10 water reservoir tanks to be “seismically unsafe.” Some were perched above homes with no concrete foundation, MacVey said in an October 2019 court hearing.