Texas Supreme Court Dismisses Harris County Flood Lawsuit

Houston, TX -- The Texas Supreme Court recently dismissed a lawsuit filed against the Harris County Flood Control District in the wake of historic flooding in 2001.

The suit was filed by Edward and Norma Jean Kerr on behalf of about 400 homeowners who claimed that the district intentionally used their neighborhood as a detention basin for White Oak Bayou to save upstream commercial development.

The Kerrs also accused the flood control district of failing to complete regional flood plans and failing to enforce policies requiring upstream commercial developers to build storm water detention ponds.

The suit alleged that, since the district knew about potential flooding risks, that the lack of action to protect homeowners made the district liable for damages.

The Texas Supreme Court disagreed with the Kerrs. The court ruled that it was impossible for the flood control district to know about possible flooding when approving development plans. The court also saw no major flaws with the regional flood-control plan for White Oak Bayou.

The court's decision comes after recent large scale flooding events led to two presidential disaster declarations and caused $60 million in damages. Additionally, a federal class action lawsuit was filed against the city of Houston and Memorial City's redevelopment authority over flooding.

The most recent lawsuit, filed by a group called Residents Against Flooding, alleges that the city approved commercial development without any concern for flood prevention in nearby residential areas.