Class-action lawsuit filed against GRDA in Miami flooding

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December 12, 2008

Anonymous The Joplin Globe Fri Dec 12, 2008, 08:11 PM CST

By Roger McKinney

rmckinney@joplinglobe.com

MIAMI, Okla. — An anticipated class-action lawsuit accusing the Grand River Dam Authority of creating conditions for flooding areas of Miami has been filed in Ottawa County District Court.

In another lawsuit related to flooding, a Miami resident has filed suit in federal court against two city employees.

The class-action lawsuit, filed by Topeka, Kan., attorney Larry Bork, lists 373 plaintiffs, including the City of Miami, residents and businesses, but the complaint states that the number of plaintiffs could exceed 1,000.

The lawsuit alleges that flooding on May 8, June 2, June 11 and June 29 in 2007 in Miami was caused by a “backwater effect” from Pensacola Dam, under the management of GRDA. It alleges that the actions of GRDA increase the frequency, magnitude and duration of flood events. It also alleges that a GRDA practice of tapering the release of floodwaters over 21 days rather than releasing them as soon as possible extends the duration and damage caused by the floods.

Bork did not immediately return calls to the Globe on Friday, but Miami city attorney David Anderson said resolution of a previous lawsuit established beyond question the backwater effect.

“The backwater effect was judicially established,” Anderson said. “People can always litigate, and we’ll save that for the courtroom.”

Bork represented plaintiffs in a 1994 lawsuit against the GRDA, which resulted in the GRDA paying a settlement of $11.5 million in 2005.

Justin Alberty, spokesman for the GRDA, didn’t immediately return a call or respond to an e-mail from the Globe seeking a statement about the lawsuit.

Alberty has said previously that the GRDA operates the floodgates at Pensacola Dam under the direction of the U.S. Army Corps of Engineers. He said when the level of Grand Lake reaches 745 feet, the corps tells the GRDA how many floodgates to open and when to open them.

The city had allocated $300,000 to conduct a study to prepare for the lawsuit, Anderson said. He said the city had a contingency agreement with Bork, which would result in payment of legal fees only if the lawsuit is successful. Anderson said each plaintiff has his or her own payment agreement with Bork.

The lawsuit seeks payment of $50,000 to each plaintiff.

Flooding in July 2007 in Miami caused more than $42 million in damage. More than 100 flood-damaged structures have been flagged for demolition. That situation apparently is the genesis of the lawsuit filed in U.S. District Court in Tulsa by resident Lovetta Hildebrand against Miami Emergency Management Director Gary Brooks and City Engineer Jack Dalrymple.

The lawsuit disputes Dalrymple’s determination that the damage to Hildebrand’s house represented more than 50 percent of the house’s value.

It also disputes a document signed by Brooks that states that Hildebrand was present at a November hearing and that she had applied for a building permit that was due to expire. The lawsuit states that both situations are untrue.

“The purpose of the false statements by the defendants is to begin the process of taking plaintiff’s land and building from her without due process,” the lawsuit reads.

It also states that a demolition contractor working for the defendants and the city smashed her door with an ax and may have removed property from her house last week.

The lawsuit seeks damages of more than $75,000 against the employees.

Tulsa attorney Jeff Nix represents Hildebrand in the lawsuit.

“In some communities, they forget there’s such a thing as the U.S. Constitution,” Nix said. “They think, ‘There’s an ugly building. Let’s tear it down.’”

Nix said there are no liens and no notices of condemnation against the house.

“It’s just complete fantasy,” he said.

He said his lawsuit didn’t name the city because he was only aware of the actions of the two individuals named as defendants.

He said his client was informed of the actions of the demolition contractor by a neighbor.

“Last weekend, her neighbor called her and there were three yahoos out there busting down her door,” Nix said. “They had no right to be on her property. They had no right to bust down her door.”

Nix said his client’s house was damaged by flooding, but she plans to repair it.

Anderson, the city attorney, said he couldn’t comment about the lawsuit against the city employees until he had consulted with the Miami City Council behind closed doors.

GRDA

The Grand River Dam Authority is a private, hydroelectric-power operation run by a state-appointed board of directors.