Houston Homeowners Triumph in Hurricane Harvey Appeal Against Federal Government
A federal appeals court has ruled that the government is liable for damages to homes that flooded upstream of the Addicks and Barker dams following Hurricane Harvey, which unleashed over 50 inches of rainfall on the Houston region in 2017.
A three-judge panel from the U.S. Court of Appeals for the Federal Circuit delivered a unanimous decision earlier this week, stating that the government “was aware or should have been aware” that the dams were insufficient to protect nearby communities.
In their lawsuit, a group of homeowners argued that the dams were constructed with the primary objective of safeguarding Houston’s downtown area downstream, “even at the cost of flooding private lands.” Many homeowners were unaware that their neighborhoods were situated within federally owned flood control reservoirs, which filled to unprecedented levels after Harvey.
It is estimated that around 14,000 homes were located inside the reservoir when Harvey made landfall in Rockport as a Category 4 storm, subsequently stalling over Houston and releasing record amounts of rain. More than one-third of the homes within the reservoirs experienced flooding.
Houston Public Media first reported on the ruling. Daniel Charest, a partner at the law firm Burns Charest, which represents the plaintiffs, stated that this decision could bolster claims made by others against the government.
“This ruling reinforces that every property owner whose land is subject to the government’s flowage easement deserves compensation for that permanent burden on their property rights,” Charest remarked in a news release.
The government now faces the option to either appeal the decision to the full Federal Circuit or file an appeal directly with the U.S. Supreme Court.
“There are a few more legal hoops to jump through, but relief is now closer than ever,” Texas Governor Greg Abbott shared on X.
Disclosure: Houston Public Media has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization funded in part by donations from members, foundations, and corporate sponsors. Financial supporters do not influence the Tribune’s journalism. A complete list of them can be found here.
This article first appeared on The Texas Tribune.
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A federal appeals court has ruled that the government is liable for damages to homes that flooded upstream of the Addicks and Barker dams following Hurricane Harvey, which unleashed over 50 inches of rainfall on the Houston region in 2017.
A three-judge panel from the U.S. Court of Appeals for the Federal Circuit delivered a unanimous decision earlier this week, stating that the government “was aware or should have been aware” that the dams were insufficient to protect nearby communities.
In their lawsuit, a group of homeowners argued that the dams were constructed with the primary objective of safeguarding Houston’s downtown area downstream, “even at the cost of flooding private lands.” Many homeowners were unaware that their neighborhoods were situated within federally owned flood control reservoirs, which filled to unprecedented levels after Harvey.
It is estimated that around 14,000 homes were located inside the reservoir when Harvey made landfall in Rockport as a Category 4 storm, subsequently stalling over Houston and releasing record amounts of rain. More than one-third of the homes within the reservoirs experienced flooding.
Houston Public Media first reported on the ruling. Daniel Charest, a partner at the law firm Burns Charest, which represents the plaintiffs, stated that this decision could bolster claims made by others against the government.
“This ruling reinforces that every property owner whose land is subject to the government’s flowage easement deserves compensation for that permanent burden on their property rights,” Charest remarked in a news release.
The government now faces the option to either appeal the decision to the full Federal Circuit or file an appeal directly with the U.S. Supreme Court.
“There are a few more legal hoops to jump through, but relief is now closer than ever,” Texas Governor Greg Abbott shared on X.
Disclosure: Houston Public Media has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization funded in part by donations from members, foundations, and corporate sponsors. Financial supporters do not influence the Tribune’s journalism. A complete list of them can be found here.
This article first appeared on The Texas Tribune.
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