After local residents grouped together and filed two suits in Chambers Court alleging that highway design along Interstate-10 repeatedly caused flooding of private property, the State has moved the cases from Chambers County state court to the federal court in Galveston.. The State moved to dismiss the first case, but property owners opposed the motion and, in September 2020, Burns Charest LLP, on behalf property owners, argued to the federal court that the cases can and should proceed on the merits. So far, the federal judge has not ruled. But that can happen any day. In the interim, the legal team on behalf of the plaintiffs has begun the discovery process. That means they are asking for information from TXDOT to help prove the property owners’ cases in trial.
Going forward, Burns Charest anticipates filing more cases against the State for the flooding caused by the work done to Interstate 10, likely in Liberty County and Jefferson County on behalf of property owners who got flooded for the same reason as the current client group. Those cases are not on file. But the attorneys believe they will help bring the issue forward by covering the entire area of the problem and believe there is strength in numbers.
The ultimate goal is to pursue claims for all those who were flooded by the I -10 work. The property owners plan to ask that the State’s liability be determined on a class-wide basis since that is the most efficient (and effective) method. But it is anticipate that the determination of the damages each client suffered, and any amount each should receive from the State, will be done on an individual basis.
If you think you may have a claim or would like to learn more information please go to the Contact page here. https://highwayfloodtexas.com/contact/