Judge sides with homeowners impacted downstream from reservoirs during Hurricane Harvey

With hurricane season approaching, one attorney says this week’s court ruling came at just the right time.

As floodwaters rushed into homes during Hurricane Harvey, responses to reimbursement took much longer. After years of waiting, the owners finally got a decision this week.

“If you add up all the $6 billion or $8 billion cases I’ve tried in my life, this is by far the most important case I’ve ever had the privilege of tackling,” attorney Jack McGhee said.

For years, McGhee, Richard Mithoff and Rand Nolen represented clients whose homes were flooded during Hurricane Harvey, downstream of the Addicks and Barker reservoirs. They estimate nearly 10,000 homes and businesses were affected after the federal government released the water.

“Some houses were totally destroyed,” McGhee said. “Some houses had four or five feet of standing water.”

At first, McGhee said, a judge ruled against them. They appealed and won.

Last year, their case went to trial. This week, the judge ruled against the government.

McGhee said the government did nothing wrong. He explained that the judge ruled that the owners should be compensated because their property was affected and they received no payment.

“It’s like if they built a highway to Dallas, the government could come in and take the property, but they had to pay the owners,” McGhee said. “It was quite the opposite.”

McGhee believes this decision could affect more than just his customers in these communities. Because it was a federal matter, he believes it will set a national precedent for future flooding, helping people not only in Southeast Texas, but across the country.

Regarding compensation, McGhee said they estimate damages at $8 billion. He says it could take months before a final financial decision is made.

After waiting almost nine years for this week’s decision, we still need a little more time. “We couldn’t have gotten a better result than the judge gave us yesterday,” McGhee said.

Eyewitness News contacted the federal government about the decision but did not receive a response.

Lawyers say that even when clients had flood insurance, it didn’t cover all damages, although it was helpful. If you want to protect yourself during this hurricane season, consider purchasing flood insurance soon.

Flood insurance takes 30 days to become active.