Case updates


With amazing graphics, the New York Times profiles Canyon Gate—one of the upstream subdivisions—and explains the Harvey upstream flooding.

Today, the New York Times published a compelling article illustrating the nature and scope of the flooding risk for upstream property owners, due to the government’s Addicks and Barker dams. We encourage you to view the article online. The article allows readers to view the graphics, and shows (among other illustrations) how the dams work, and the maximum design pool of the reservoirs. Notably, the New York Times shows that the maximum design pool extends far beyond the flooded area in Harvey.

The New York Times consulted upstream co-lead counsel, Daniel Charest and Charles Irvine, for factual confirmation, and it quoted both Charles and Christina Micu, one of our test property owners and class representatives in Canyon Gate.

Like prior articles from the Houston Chronicle, the New York Times reports on the Corps’ knowledge that flooding would happen to the upstream property owners in the event of a severe storm—and also the Corps’ prediction that they would be sued by flooded homeowners. The story is strong stuff.

Litigation Update

Last month, the government filed a motion to dismiss our lawsuit. This is a common litigation tactic for defendants to challenge the legal theory of a plaintiff’s case. Among the government’s arguments is their belief that one flood event is not ‘severe’ enough to be a Fifth Amendment taking. This week, we responded. And we included two declarations from our hydrology expert and our damages expert. All of the court-appointed lead lawyers worked on the response.

Next Town Hall Meeting: Monday, March 26th, 6:00 – 8:00 PM.

At our town hall meetings, we explain why the upstream flooding happened, what the Army Corps knew, and what our plan for the lawsuit is. We usually speak for about an hour and then take questions until every last question is answered. (Vamos a tener un traductor de espanol.)

The next meeting will be on Monday, March 26, starting at 6:00 PM, at the Four Points by Sheraton Houston Energy Corridor, located at 18861 Katy Freeway, Houston, Texas 77094 (near Greenhouse, on the south side of I-10).