SWAMPSCOTT – The Town of Swampscott is being sued for nearly $130,000 by a property owner who claims raw sewage backed up into his basement located on Hillside Avenue.Arthur Theophilopoulos, of 24 Valley St., Salem, filed the court action for property damages and rent loss on Wednesday afternoon in Salem Superior Court.In his complaint filed, Theophilopoulos states he was the owner of 47 Hillside Ave., in Swampscott in November of 2003 when the Town of Swampscott contracted with a company to have a water main replaced within the area of his property.The property on Hillside Avenue was unoccupied at that time and was being remodeled during the construction period when the water pipeline to his home was negligently broken during installation, he contends.The pipe, however, remained this way until May of 2006 when his tenant moved into the home and discovered for the first time a large back up of raw sewerage in the basement.Theophilopoulos immediately contacted the town who in turn instructed the contractor to dig up the pipe and repair the damage.As a result of the sewage backup, Theophilopoulos says he sustained damages for cleanup, decontamination, mold remediation work and reconstruction of damaged areas in the home.Attorney Alvin S. Nathanson of Boston, who filed the complaint on Theophilopoulos’ behalf, accuses the town of negligence in the construction, operation and maintenance of its water or sewer supply.He maintains that the water improperly seeped into the cellar on Hillside Avenue creating dampness, obnoxious odors and property damage to personal property as well as to the basement property itself.The complaint lists $74,490.75 in property damages and another $54,000 in lost rent for 27 months for a total of $128,490.75.A trial before a jury is requested from the court to determine all damages including real and personal property together with interest and costs of the lawsuit and any other relief that deems just and proper.