Jason Webster, lead attorney for hundreds of Elm Grove, North Kingwood Forest and Porter plaintiffs in lawsuits arising from two floods in 2019, confirmed for ReduceFlooding.com that the defendants have reached a settlement agreement with plaintiffs. Defendants in the Elm Grove lawsuits included Perry Homes; Figure Four Partners LTD.; PSWA, Inc; LJA Engineering; Double Oak Construction, Inc.; Rebel Contractors, Inc.; Texasite, LLC; and Concourse Development, LLC.
Settlement Comes Two Years After Second Flood
Confirmation of the settlement comes almost two years to the day after sheet flow from Woodridge Village flooded Elm Grove and North Kingwood Forest for the second time in five months.
Elm Grove debris pile from Imelda, two days after sheet flow from Woodridge Village flooded the area.
Webster says the settlement agreement prohibits disclosure of the terms, but he did say that it was “…resolved to our satisfaction.” Webster says he and co-counsel Kimberley Spurlock, who also represented plaintiffs in the lawsuits, “…still have to communicate with the clients on this and we have not done so yet as far as amounts. That has to be determined by a special master which has been appointed to administer the settlement.”
However, Webster added, “All plaintiffs who participated in the lawsuit will receive a settlement offer.”
Hints of Movement Toward an Agreement in Early August
I first caught wind of a potential settlement from updates to the Harris County District Clerks’ website when Webster and Spurlock moved to establish an Elm Grove Settlement Fund and appoint a Master-in-Chancery in early August. Then, on August 16, Judge Lauren Reeder approved both the Fund and the Chancery motions. However, two defendants, LJA and Rebel, still objected. Interestingly, the Rebel objection contained a reference that it was not a party to a global settlement with the other defendants.
Then yesterday, an unsigned trial preparation order showed up on the District Clerk’s website. I emailed Webster and later that day, he confirmed the settlement.
Motion to set trial was to be heard on 9/20/2021.That should no longer be necessary.
Facing a trial on the merits of the case often brings defendants to the settlement table when they realize delays are no longer possible. I have been on jury panels for several cases over the years. Interestingly, in every single instance, the defendants chose to settle when the jury panel walked into the room to begin the selection process.
The settlement should come as a welcome relief for many plaintiffs who were devastated financially by the repeat floods.
Elm Grove activist Jeff Miller had this to say about the settlement. “I am thrilled for those that suffered greatly and hope that this settlement will discourage future negligence by bad actors.”
Posted by Bob Rehak on 9/10/2021
1473 Days since Hurricane Harvey and 722 since Imelda
The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/09/Elm-Grove-9.19_71.jpg?fit=1500%2C1000&ssl=110001500adminadmin2021-09-10 15:15:392021-09-10 17:32:17Elm Grove Lawsuits Settled!
Tomorrow, September 10th, is the statistical peak of hurricane season.
Peak based on 100 years of data.
And the National Hurricane Center (NHC) is actively monitoring four areas in the Atlantic Basin.
As of 7PM Houston time on 9/9/2021.
Currently, a 40% Chance of Tropical Cyclone Formation
That orange area is currently where Ida and Mindy both formed in the last two weeks. In the last couple days, the NHC has steadily upgraded its chances of tropical formation. As of tonight, they give it a 40% chance sometime within the next five days.
Currently, NHC describes Area #1 as a tropical wave.
The northern portion of the wave is producing disorganized showers and thunderstorms over northeastern Honduras and the western Caribbean Sea.
This system should move into the Bay of Campeche and merge with a pre-existing heavy weather in the southwestern Gulf of Mexico this weekend. Environmental conditions support gradual development. A tropical depression could form by early next week before the system moves inland over mainland Mexico. According to NHC:
Formation chance through 48 hours…low…20 percent.
Formation chance through 5 days…medium…40 percent.
Increasing Chances of Excessive Rainfall, Likely Starting Sunday
Dry air currently over the region will yield hot days and “coolish” nights into Saturday with no chance of rainfall. However, the tropical wave will change that. A pool of deep tropical moisture will increase rain chances along the TX coast from Sunday through Wednesday of next week. It could arrive as early as Saturday evening, but more likely will arrive on Sunday.
Shower and thunderstorm activity over the western Gulf will become widespread during the weekend and into early next week. Global models are largely in agreement on a surge of moisture along the TX coast from Sunday through Wednesday. Copious rainfall is likely.
The National Weather Service extended 7-day forecast has been increasing the forecast amounts for the north Houston area throughout the day.
Between this morning and this evening, that bright orange area has crept farther inland.
Widespread 5-7 Inches, 10-12 Possible
Jeff Lindner, Harris County Meteorologist, warns that a weak tropical cyclone could form from this. “Several models have been bouncing around with this over the last several days. They show weak closed surface lows along the Mexican or Texas coastline next week,” says Lindner. “While any sort of surface low that may form next week would help to focus rainfall in that particular area, it is unclear where any low may form if at all and generally does not change the overall wet pattern that is incoming.”
The NWS Weather Prediction Center currently shows rainfall accumulations for next week could total 5-7 inches near the coast with slightly less inland. Lindner, however, predicts that isolated areas could see as much as 10-12 inches by the middle of next week.
No predictions have been made yet regarding potential flooding issues.
Posted by Bob Rehak on 9/9/2021 based on information from NHC, NWS, and HCFCD
1472 Days since Hurricane Harvey and 721 since Imelda
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2021/09/p168i.gif?fit=800%2C561&ssl=1561800adminadmin2021-09-09 19:58:442021-09-09 20:03:43Excessive Rainfall Likely Next Week
Established in 1994 and held annually on the fourth Saturday in September, National Public Lands Day is traditionally the nation’s largest single-day volunteer effort. It provides all lovers of the environment an opportunity to show appreciation for precious natural resources through volunteer opportunities.
Join the Bayou Land Conservancy and REI in Conserving Public Land
This year, National Public Lands Day falls on Saturday September 25. The theme is “More Ways to Connect to Nature,” and there are many ways to connect in this area. I highly recommend joining the Bayou Land Conservancy (BLC) – a local, environmental non-profit – at the Lake Houston Wilderness Park. BLC specializes in preserving land along streams for flood control, clean water, and wildlife.
The BLC and volunteers will partner with REI for the day to help spruce up the park and get a guided tour from park naturalists. Refreshments will be provided, but they recommend bringing your own water in a reusable container and a snack. If you’ve never been to Lake Houston Wilderness Park, it’s a big, tranquil place filled with wetlands and dense forests. In fact, it’s the largest urban nature park in America – almost 5,000 acres – and like stepping back in time.
Riparian vegetation in Lake Houston Park helps prevent erosion, sustain wildlife, and reduce flooding.
Shoreline of Lake Houston Park.Fall colors light up the landscape as well as people’s faces.
Looking NW across the vastness of unspoiled Lake Houston Park. Photo taken Jan. 1, 2021
Directly Benefitting the Lake Houston Headwaters and Reducing Flooding
The focus of work at the Lake Houston Wilderness Park on the 25th will directly benefit the Gully Branch-Peach Creek watershed, right in Kingwood’s backyard plus, Porter’s, New Caney’s and Huffman’s!
With 2.5 months left in hurricane season, take time to help preserve nature and reduce flooding in a natural ,cost-free way. More conserved lands mean more safe places for water to go without endangering our communities.
How to Register, Learn More
Please join BLC in conserving land on National Public Lands Day on the 25th of September! With 5,000 acres, there’s plenty of room for social distancing in a healthy environment.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2018/11/SJR_704_048-e1612057029212.jpg?fit=1200%2C811&ssl=18111200adminadmin2021-09-08 21:35:492021-09-08 22:24:03Save the Date: National Public Lands Day Volunteer Event on September 25
Elm Grove Lawsuits Settled!
Jason Webster, lead attorney for hundreds of Elm Grove, North Kingwood Forest and Porter plaintiffs in lawsuits arising from two floods in 2019, confirmed for ReduceFlooding.com that the defendants have reached a settlement agreement with plaintiffs. Defendants in the Elm Grove lawsuits included Perry Homes; Figure Four Partners LTD.; PSWA, Inc; LJA Engineering; Double Oak Construction, Inc.; Rebel Contractors, Inc.; Texasite, LLC; and Concourse Development, LLC.
Settlement Comes Two Years After Second Flood
Confirmation of the settlement comes almost two years to the day after sheet flow from Woodridge Village flooded Elm Grove and North Kingwood Forest for the second time in five months.
Webster says the settlement agreement prohibits disclosure of the terms, but he did say that it was “…resolved to our satisfaction.” Webster says he and co-counsel Kimberley Spurlock, who also represented plaintiffs in the lawsuits, “…still have to communicate with the clients on this and we have not done so yet as far as amounts. That has to be determined by a special master which has been appointed to administer the settlement.”
However, Webster added, “All plaintiffs who participated in the lawsuit will receive a settlement offer.”
Hints of Movement Toward an Agreement in Early August
I first caught wind of a potential settlement from updates to the Harris County District Clerks’ website when Webster and Spurlock moved to establish an Elm Grove Settlement Fund and appoint a Master-in-Chancery in early August. Then, on August 16, Judge Lauren Reeder approved both the Fund and the Chancery motions. However, two defendants, LJA and Rebel, still objected. Interestingly, the Rebel objection contained a reference that it was not a party to a global settlement with the other defendants.
Then yesterday, an unsigned trial preparation order showed up on the District Clerk’s website. I emailed Webster and later that day, he confirmed the settlement.
Facing a trial on the merits of the case often brings defendants to the settlement table when they realize delays are no longer possible. I have been on jury panels for several cases over the years. Interestingly, in every single instance, the defendants chose to settle when the jury panel walked into the room to begin the selection process.
The settlement should come as a welcome relief for many plaintiffs who were devastated financially by the repeat floods.
Elm Grove activist Jeff Miller had this to say about the settlement. “I am thrilled for those that suffered greatly and hope that this settlement will discourage future negligence by bad actors.”
Posted by Bob Rehak on 9/10/2021
1473 Days since Hurricane Harvey and 722 since Imelda
The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.
Excessive Rainfall Likely Next Week
Tomorrow, September 10th, is the statistical peak of hurricane season.
And the National Hurricane Center (NHC) is actively monitoring four areas in the Atlantic Basin.
Currently, a 40% Chance of Tropical Cyclone Formation
That orange area is currently where Ida and Mindy both formed in the last two weeks. In the last couple days, the NHC has steadily upgraded its chances of tropical formation. As of tonight, they give it a 40% chance sometime within the next five days.
The northern portion of the wave is producing disorganized showers and thunderstorms over northeastern Honduras and the western Caribbean Sea.
This system should move into the Bay of Campeche and merge with a pre-existing heavy weather in the southwestern Gulf of Mexico this weekend. Environmental conditions support gradual development. A tropical depression could form by early next week before the system moves inland over mainland Mexico. According to NHC:
Increasing Chances of Excessive Rainfall, Likely Starting Sunday
Dry air currently over the region will yield hot days and “coolish” nights into Saturday with no chance of rainfall. However, the tropical wave will change that. A pool of deep tropical moisture will increase rain chances along the TX coast from Sunday through Wednesday of next week. It could arrive as early as Saturday evening, but more likely will arrive on Sunday.
Shower and thunderstorm activity over the western Gulf will become widespread during the weekend and into early next week. Global models are largely in agreement on a surge of moisture along the TX coast from Sunday through Wednesday. Copious rainfall is likely.
The National Weather Service extended 7-day forecast has been increasing the forecast amounts for the north Houston area throughout the day.
Widespread 5-7 Inches, 10-12 Possible
Jeff Lindner, Harris County Meteorologist, warns that a weak tropical cyclone could form from this. “Several models have been bouncing around with this over the last several days. They show weak closed surface lows along the Mexican or Texas coastline next week,” says Lindner. “While any sort of surface low that may form next week would help to focus rainfall in that particular area, it is unclear where any low may form if at all and generally does not change the overall wet pattern that is incoming.”
The NWS Weather Prediction Center currently shows rainfall accumulations for next week could total 5-7 inches near the coast with slightly less inland. Lindner, however, predicts that isolated areas could see as much as 10-12 inches by the middle of next week.
No predictions have been made yet regarding potential flooding issues.
Posted by Bob Rehak on 9/9/2021 based on information from NHC, NWS, and HCFCD
1472 Days since Hurricane Harvey and 721 since Imelda
Save the Date: National Public Lands Day Volunteer Event on September 25
Established in 1994 and held annually on the fourth Saturday in September, National Public Lands Day is traditionally the nation’s largest single-day volunteer effort. It provides all lovers of the environment an opportunity to show appreciation for precious natural resources through volunteer opportunities.
Join the Bayou Land Conservancy and REI in Conserving Public Land
This year, National Public Lands Day falls on Saturday September 25. The theme is “More Ways to Connect to Nature,” and there are many ways to connect in this area. I highly recommend joining the Bayou Land Conservancy (BLC) – a local, environmental non-profit – at the Lake Houston Wilderness Park. BLC specializes in preserving land along streams for flood control, clean water, and wildlife.
The BLC and volunteers will partner with REI for the day to help spruce up the park and get a guided tour from park naturalists. Refreshments will be provided, but they recommend bringing your own water in a reusable container and a snack. If you’ve never been to Lake Houston Wilderness Park, it’s a big, tranquil place filled with wetlands and dense forests. In fact, it’s the largest urban nature park in America – almost 5,000 acres – and like stepping back in time.
To see some of this gorgeous park, and the difference it makes in the San Jacinto East Fork Watershed (compared to the West Fork), see this post I developed in 2018 about the importance of riparian vegetation in reducing erosion.
Directly Benefitting the Lake Houston Headwaters and Reducing Flooding
The focus of work at the Lake Houston Wilderness Park on the 25th will directly benefit the Gully Branch-Peach Creek watershed, right in Kingwood’s backyard plus, Porter’s, New Caney’s and Huffman’s!
With 2.5 months left in hurricane season, take time to help preserve nature and reduce flooding in a natural ,cost-free way. More conserved lands mean more safe places for water to go without endangering our communities.
How to Register, Learn More
Please join BLC in conserving land on National Public Lands Day on the 25th of September! With 5,000 acres, there’s plenty of room for social distancing in a healthy environment.
For more information on the day’s events and how to register, visit BLC’s website at Bayouland.org/national-public-lands-day.
Posted by Bob Rehak on 9/8/2021
1471 Days after Hurricane Harvey