Addicks/Barker Reservoirs Flooding Damages
October 19, 2023
DOWNSTREAM – Court Schedules Hearing
We write to report that Judge Smith has set a hearing for the motions that are pending before the Court. As we previously advised: both the government and us filed competing motions for summary judgment, asking the Court to make a decision on the liability portion of the case without the need of a trial. The motions from both sides were completed in May of this year.
Judge Smith has now scheduled January 10, 2024 as the date of the hearing, which will be held here in Houston at the downtown Federal Courthouse. We encourage everyone to attend this hearing if you can — to remind the Court how many people and homes were hurt by the government’s flooding.
We will send out another reminder as we get closer to the date of hearing.
As always, please feel free to contact us with any questions or comments.
October 6, 2023
UPSTREAM – Plaintiffs (Appellees) File Our Response Brief(s)
We write to report that the Upstream Litigation and Appellate Team filed our response to the government’s briefs (or – Appellees’ briefs). The Upstream Litigation Team soundly refuted each and every single one of the points raised by the government. A copy of the brief(s) is available at the following link.
An explanation: there are actually two briefs presented by the Upstream team – one is an appellees’ brief, presented by a group of the Plaintiffs-Appellees; and the other is a cross-appellants’ brief, presented by another group of the Plaintiffs-Appellees, who, in addition to refuting the government’s claim, also challenged the government’s position on certain issues (e.g. how the easement should be considered). Both briefs are strong and persuasive, and both represent our position and interests well.
Next, the government will get a chance to submit a “reply” brief to address these points. We will update everyone again along the process.
As always, please feel free to contact us with any questions or comments.
August 18, 2023
UPSTREAM – Final Reminders
We would like to remind everyone that the deadline to join the case is almost here. We expect the statute of limitations to run in less than 10 days from today – by the 6th anniversary of the flooding. If there is anyone who would still like to join the case – please act soon!
All Property Co-Owners Should Join the Case:
We would also like to remind everyone that, all co-owners of a property should be included as a named Plaintiff. For example: if a property is owned by husband/wife, then both should be included and listed in the case. Those who are not listed may not be able to recover.
If you have not done so already, please contact us immediately so that we can add the names of all property owners to the case.
As always, please feel free to contact us with any questions or comments.
August 18, 2023
DOWNSTREAM – Final Reminders
We would like to remind everyone that the deadline to join the case is almost here. We expect the statute of limitations to run in less than 10 days from today – by the 6th anniversary of the flooding. If there is anyone who would still like to join the case – please act soon!
All Property Co-Owners Should Join the Case:
We would also like to remind everyone that, all co-owners of a property should be included as a named Plaintiff. For example: if a property is owned by husband/wife, then both should be included and listed in the case. Those who are not listed may not be able to recover.
If you have not done so already, please contact us immediately so that we can add the names of all property owners to the case.
As always, please feel free to contact us with any questions or comments.
June 21, 2023
UPSTREAM – Government Files Its Opening Brief
We write to report that the government – who is the Appellant on appeal – just filed its opening brief. In its brief (168 pages long), the government made the following arguments:
(A): The upstream flooding was caused by the unprecedented nature of Harvey rainfall – and not by the government’s actions,
(B): The government was trying to save life and private property – and that private properties are subject to the government’s “police power” (to protect public safety)
(C): That the home owners are not entitled to recover certain categories of “damages” (such as lost profits and leasehold, displacement costs, personal property…etc).
Needless to say, we completely disagree with the government’s claims, and categorically reject its arguments. Judge Lettow did not find government’s position persuasive during the two trials, and we will ask the Court of Appeals to reject them as well.
A copy of the government’s opening brief is available at the following link.
This begins the appellate brief process. Next, the Upstream team will be addressing the government’s brief by filing the Appellees’ brief. We will update everyone again along the appeals process.
Positive Caselaw – Ideker Farms, Inc. v. U.S.
June 8, 2023
The case is currently on appeal, and there is very little activity going on at this time. Although, we expect the government to file its first appellate brief within weeks. We will provide a copy upon receipt.
UPSTREAM – Reminder
In the meantime, we would also like to remind everyone that, all property owners should be included as a named Plaintiff. For example: if a property is owned by husband/wife, then both should be included and listed in the case. Those who are not listed may not be able to recover.
If you have not done so already, please contact us immediately so that we can add the names of all property owners to the case.
Deadline is Approaching
We would also like to remind those who have not yet joined the case that the deadline to join the case is near us. By August, the statute of limitations – the time limit to seek compensation – will expire (we expect the actual deadline to be in late August – by the 6th anniversary of government-induced flooding).
At the present time, there is still time to join. We encourage everyone who has not yet done so to join as soon as they can, so that they do not miss out on an opportunity for monetary compensation.
As always, please feel free to contact us with any questions or comments.
June 8, 2023
DOWNSTREAM – Reminder
We would like to remind everyone that, all property owners should be included as a named Plaintiff. For example: if a property was owned by husband/wife, then both should be included and listed in the case. Those who are not listed may not be able to recover.
If you have not done so already, please contact us immediately so that we can add the names of all property owners to the case.
Deadline is Approaching
We would also like to remind those who have not yet joined the case that the deadline to join the case is near us. By August, the statute of limitations – the time limit to seek compensation – will expire (we expect the actual deadline to be in late August – by the 6th anniversary of government-induced flooding).
At the present time, there is still time to join. We encourage everyone who has not yet done so to join as soon as they can, so that they do not miss out on an opportunity for monetary compensation. Please contact us at 713-864-4000, or reach us at: txlaw@lawtx.com if you would like more information.
As always, please feel free to contact us with any questions or comments.
May 10, 2023
DOWNSTREAM – Property Owner’s Final Briefing Filed Today
The Downstream team filed a final response brief today (a reply) in relation to the summary judgments pending before the court, which concluded the briefing stage for the motions. In ruling upon these motions, the Court could make a decision that decides the outcome of the case without a trial. There may also be a hearing for these motions. If so, we will advise the date for the hearing when it is scheduled (we expect the hearing to take place here in Houston).
Copies of our motion(s), and all of the government’s motion(s) are available here at this link.
REMINDER: Deadline To File A Claim is Approaching
We would like to remind everyone again that the deadline to join the case is approaching. By August of this year, the statute of limitations – the time limit to file a claim seeking compensation – will expire (the 6th anniversary of government-induced flooding).
There is still time to join, although the time is running out. We encourage everyone who has not yet done so to join as soon as they can, so that they do not miss out on an opportunity for compensation. If you or anyone who has not yet joined the case would like more information, please contact us at (713) 864-4000, or reach us at: txlaw@lawtx.com.
As always, please feel free to contact us with any questions or comments.
January 13, 2023
DOWNSTREAM – Our Response And Counter-Motion Filed
We write to report that we have filed our response to the government’s motion, plus our own counter-motion against the government (for a case dispositive ruling in our favor). A copy of our motion is available here.
Next up – the government will have a chance to reply to our motion (due on February 9, 2023). We will get a chance to reply as well by March 11, and then – we will gear up for a hearing before the Court for a decision.
Service Offered: Real Estate Market Activity Report
Sotheby’s International Realty has offered to help our clients by offering a free Market Activity Report – it is a snapshot of all the changes in a local real estate market. It includes a market activity summary and a listing of active, pending, sold, expired, and distressed properties. Recent price changes and upcoming open houses are also included.
A sample copy is available here.
For those interested, please contact Mr. Lary Barton, at:
Martha Turner Sotheby’s International Realty
1717 W Loop S, Suite 1700 | Houston, TX 77027 713.520.1981 (o)
713.558.3365 (d)
713.516.0221 (m)
713.559.6112 (f)
Lary.barton@sothebys.realty
Or Mr. Frank York, at:
713.520.1981 (o)
713.558.3332 (d)
985.859.9150 (m)
frank.york@sothebys.realty
Reminder: Deadline is Approaching
We would like to again remind everyone that the deadline to join the case is approaching. By summer of this year, the statute of limitations – the time limit to seek compensation will expire (we expect the actual deadline to be in late August –the 6th anniversary of government-induced flooding).
At the present time, there is still time to join. We encourage everyone who has not yet done so to join as soon as they can, so that they do not miss out on an opportunity for monetary compensation. If you would like more information, please contact us at 713-864-4000, or reach us at: txlaw@lawtx.com.
As always, please feel free to contact us with any questions or comments.