HOUSTON, Sept. 7, 2017 /PRNewswire/ — Potts Law Firm, a Houston-based law firm, filed a class action on September 6, 2017, in the Harris County District Court seeking to represent all individuals and businesses recently affected by the San Jacinto River Authority’s handling of “controlled release” of water from Lake Conroe on August 27, 2017. As a result of the release, it is estimated that thousands of homeowners and business owners properties were flooded who had previously escaped flooding from Hurricane Harvey itself.
The lawsuit styled Thomas E. and Beth F. Ross, et.al. v. San Jacinto River Authority, et al., consists of two subclasses for (1) All Texas residential property owners who experienced flood waters at their property on or after Monday, August 28, 2017, in the area downstream of Lake Conroe affected by the rising waters of the San Jacinto River as a result of San Jacinto River Authority’s decision to release water from Lake Conroe; and (2) All Texas commercial property owners who experienced flood waters at their property on or after Monday, August 28, 2017, in the area downstream of Lake Conroe affected by the rising waters of the San Jacinto River as a result of San Jacinto River Authority’s decision to release water from Lake Conroe.
The plaintiffs owned property that was not flooding after Hurricane Harvey sat over Harris and Montgomery Counties on Saturday, August 26, 2017, and Sunday, August 27, 2017, but only began flooding on Tuesday, August 29, 2017, when the San Jacinto River Authority released water from Lake Conroe. After the release, the Plaintiffs’ property took on several feet of flood water. The suit seeks damages for the government’s intentional taking of properties by flooding and seeks recovery for the repair costs to such properties, diminution in value of the properties, lost income or business income to the properties’ owners, and any consequential loss of the flooding. Inverse condemnation occurs when the government takes private property but fails to pay the compensation required by Section 17, Article 1 of the Texas Constitution. Similar lawsuits were filed in the aftermath of Hurricane Katrina and a class action was certified by the U.S. Court of Federal Claims.
“In the devastating aftermath of the flooding, Potts Law Firm stands ready to support our clients, our employees, and our community at this most challenging time”, said Derek H. Potts, National Managing Partner in Houston. “This case is particularly important to us since it directly impacted so many friends, neighbors, and family members.”
Widely recognized for their expertise in complex litigation and trials, Potts Law Firm has obtained record-setting verdicts and settlements on behalf of clients in state and federal courts across the country. The attorneys with Potts Law Firm are dedicated to fighting for the rights of victims of flood and wind catastrophes.
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