Why is the City Spending Our Money to Fight This Lawsuit?
Update on Residents Against Flooding
July 27, 2016
Residents in the Memorial City area, which is in the Buffalo Bayou watershed, filed a federal lawsuit last May to try to force the city to enforce stormwater detention and drainage regulations against developers not just in northwest Houston but also across the city. The suit claims, among other things, that lack of enforcement is causing flooding of their homes. The suit also names the local Tax Increment Reinvestment Zone (TIRZ 17) and its Redevelopment Authority. The TIRZ 17 collects some property taxes in the zone and decides how to spend the money, and the suit accuses the TIRZ of deliberately funneling rainwater runoff away from commercial developments and into residential areas.
The plaintiffs are not seeking monetary damages. They request that the City and the TIRZ simply do their jobs.
Recently attorney Charles Irvine of the environmental law firm Irvine and Conner spoke at the annual meeting of Residents Against Flooding, which filed the lawsuit. He provided an update on the lawsuit in the wake of a recent Texas State Supreme Court ruling against a similar lawsuit filed by homeowners in the White Oak Bayou watershed.
Watch Irvine speak to the meeting in this 17-minute video. Among other things, he points out that the City could avoid litigation, and he questions who in the City is approving development plans without the required slowing and catching of stormwater runoff that results from increased impervious surface such as parking lots, apartment complexes, and shopping malls.