Flooding and Drainage Lawsuits
In The News
Irvine & Conner’s attorneys have developed deep experience in flooding and drainage lawsuits against local, state, and federal governmental entities and private developers and landowners.
Most recently, in 2017, the firm brought a class action against the U.S. Army Corps of Engineers for failing to obtain flowage easements over property within the design pool of the Addicks and Barker Reservoirs. The design pool of the dams exceeds, by several feet of elevation, the amount of land purchased by the federal government. As a result, the federal government effectively designed a reservoir that is intended to hold water where thousands of people own homes and businesses. Until the federal government compensates individuals affected by this flooding, the lawsuit contends its actions are unlawful. More information about the class action is available at www.InsideAddicksBarker.com.
In 2016, Irvine & Conner filed suit on behalf of residential property owners against the City of Houston and other governmental entities. The lawsuit alleged that the governmental defendants’ policy of favoring commercial development over residential neighborhoods has resulted in pervasive, devastating flooding in the neighborhoods near Memorial City. The case currently is on appeal to the U.S. Court of Appeals for the Fifth Circuit.
Irvine & Conner’s attorneys previously have represented a national environmental organization in a suit against the Federal Emergency Management Agency (FEMA) for erroneous flood elevation maps in Harris County. FEMA corrected the error over the objections of the land developers. Irvine & Conner also has assisted numerous individual homeowners with complaints about neighboring commercial or residential properties that create drainage problems and send floodwaters onto the homeowners’ property. Some of these cases are handled outside out of litigation, and some are taken to court. Our goal in these cases is to seek not only damages but also a remedy to the drainage problem, and we frequently retain a hydrologist or engineer to provide expert advice.