A federal appeals court has ruled in favor of Houston homeowners affected by Hurricane Harvey, affirming government responsibility for significant flooding. This decision originates from damage to homes located upstream of the Addicks and Barker dams, which failed to protect these areas during the devastating storm in 2017.
Court Ruling Overview
A unanimous ruling was issued by a three-judge panel from the U.S. Court of Appeals for the Federal Circuit. The court determined that the government “was aware or should have been aware” of the inadequacy of these dams to safeguard surrounding communities.
Background of the Flooding
- Hurricane Harvey struck in 2017, bringing over 50 inches of rainfall to the Houston area.
- The storm transitioned to a Category 4 hurricane when it reached Rockport and later stalled, resulting in unprecedented rainfall.
- Approximately 14,000 homes were within the federally owned flood control reservoirs surrounding the Addicks and Barker dams.
- More than one-third of these homes experienced flooding.
Homeowners’ Lawsuit
A group of affected homeowners filed a lawsuit arguing that the dams were designed primarily to protect Houston’s downtown area. This design ultimately led to flooding in privately owned lands upstream, impacting many unsuspecting residents unaware of living within a flood control zone.
Implications of the Ruling
Daniel Charest, a partner at Burns Charest law firm representing the homeowners, stated that the ruling could strengthen other claims against the government. He emphasized that property owners burdened by the government’s flowage easement warrant compensation.
Options for the Government
The federal government now faces decisions regarding the ruling. They can either appeal to the full Federal Circuit or escalate the case directly to the U.S. Supreme Court.
Reactions and Future Outlook
Governor Greg Abbott expressed optimism on social media, indicating that while further legal steps are needed, relief for impacted homeowners is imminent.
This landmark ruling serves as a pivotal moment for Houston homeowners, reinforcing their rights and the government’s accountability in cases of natural disasters.
