HOUSTON--(BUSINESS WIRE)--On the four-year anniversary of Tropical Storm Harvey, Armi Easterby, a partner of the Houston-based law firm Williams Hart Boundas Easterby LLP, stated today that, “Despite the Army Corps admitting that upstream reservoir flooding poses unacceptable risks to health and human safety, private property, and public infrastructure, it still has done nothing to compensate the families and businesses it flooded during Harvey.” Mr. Easterby’s reference to this unacceptable risk comes directly from the study published by the U.S. Army Corps of Engineers in October of 2020.
“Unfortunately, this unacceptable risk became a reality on August 30, 2017, when thousands of private properties were inundated with contaminated stormwater held back by the Addicks and Barker dams,” continued Mr. Easterby. The Court of Federal Claims previously ruled that, under the 5th Amendment, the federal government’s use of more than 7,000 acres of private upstream land requires payment of just compensation to eligible claimants. In that ruling, the Court of Federal Claims held, “The government’s actions relating to the Addicks and Barker Dams and the attendant flooding of plaintiffs’ properties constituted a taking of a flowage easement under the Fifth Amendment. Thus, the court finds defendant liable.”
The ongoing litigation is now in the compensation phase, which will set the amount of compensation owed to various residents of the upstream neighborhoods.
In spite of repeated COVID delays, Armi Easterby is ready to go the distance. “While the delays have been frustrating, they have not and will not change our commitment to hold the federal government accountable for its decision to impose flooding on private property with no legal right.” Williams Hart Boundas Easterby, LLP has been a fixture of the Houston legal community for 38 years and has served over 200,000 clients since the firm’s founding in 1983.
Armi Easterby, who has been licensed with the Court of Federal Claims for over 20 years, continues to serve as the co-lead lawyer appointed by the court to protect the rights of individual plaintiffs. “We’re privileged to represent over 1,500 upstream families and businesses in their 5th Amendment claims against the federal government, and will continue fighting until we’ve collected just compensation,” says Armi Easterby. Mr. Easterby represents property owners in all impacted communities behind the dams, including Bear Creek, Canyon Gate, Twin Lakes, Lakes on Eldridge, Concord Bridge, Concord Colony, Cinco Ranch, Charlestown Colony, Cinco at Willow Fork, Cinco Ranch Equestrian Village, Cinco Ranch Greenway Village, Cinco Ranch Meadow Place, Cinco Ranch Southpark, Concord Fairways at Kelliwood, Grand Lakes, Grand Lakes Phase Three, Grand Mission, Green Trails Oaks, Greens at Willow Fork, Jamestown Colony, Kelliwood Greens, Kingsland Estates, Lakes of Buckingham Kelliwood, Mayde Creek Farms, Park Harbor Estates, Parklake Village, Pine Forest, Savannah Estates, Stone Gate at Canyon Gate, and Windsor Park Estates.
Mr. Easterby presented key evidence in the May 2019 trial which found the government liable for the upstream flooding. To date, approximately 65% of all upstream plaintiffs have hired Armi Easterby and Williams Hart Boundas Easterby, LLP to prosecute their 5th Amendment claims. Upstream residents are banding together to hold the government accountable.
Mr. Easterby concluded with “It is important to know that there is still time for upstream residents to file their claims and that thousands of property owners qualify for this important case but have not yet filed.” Property owners upstream of the Addicks and Barker dams who experienced flooding in late August of 2017 may have a claim, but must submit it before the statute of limitations expires in order to receive any financial compensation. Contact Armi Easterby at www.myreservoirclaim.com or (713) 940-6220 for a free case evaluation.
