Lawyers for Perry Homes CEO, Kathy Perry Britton, have filed a motion for a protective order to quash a request for her deposition. The motion involves lawsuits against her company and its subsidiaries for two 2019 floods that affected hundreds of homeowners in Kingwood’s Elm Grove Village and North Kingwood Forest. Ms. Britton’s basic argument: it’s beneath her.
Catch-22: Claims No Unique or Personal Knowledge
Ms. Britton’s attorneys claim she is an “apex-level” official and cannot be deposed without showing that she has “unique or personal knowledge” of discoverable information. This puts hundreds of plaintiffs in a Catch-22 situation – a paradoxical situation from which an individual cannot escape because of contradictory rules or limitations.
In essence, Ms. Britton says defendants can’t depose her because she doesn’t have anything worth knowing. But without deposing her, how could they know that?
Talking Is Too Intrusive
Ironically, her lawyers assert that plaintiffs must learn what she knows through “less intrusive methods” than talking to her. Her lawyers maintain that CEOs live by different rules than the rest of us, and cite seven pages of legal precedents to support their opinion.
Duh!!!!!!!! Making the Case for Negligence?
To reinforce her argument, Ms. Britton personally claims:
“I have no first-hand, personal knowledge of any relevant facts…”
“I have no first-hand, personal knowledge of the flooding events…”
“I have no first-hand, personal knowledge of the construction or engineering practices followed by Perry Homes, Figure Four Partners, Ltd., PSWA, Inc., or any of the subcontractors hired to work on the Woodridge Village Development.”
“I have no first-hand, personal knowledge of the selection, hiring, retention, training, or supervision of any of the subcontractors on the Woodridge Village Development.”
“I have no first-hand, personal knowledge of any engineering or design requirements for the Woodridge Village Development.”
“I have no first-hand, personal knowledge of the engineering design or plans implemented or created for the Woodridge Village Development, including whether and how such plans were approved or followed.”
“I have no first-hand, personal knowledge as to whether the work performed at the Woodridge Village Development was properly supervised.”
“I have no first-hand, personal knowledge as to what work was performed (or not performed) at the Woodridge Village Development…”
Perhaps this is why so many people flooded! In my opinion, it seems Ms. Britton just admitted negligence.
What’s Proper Response for CEO?
One might think that after approximately 200 homes flooded in Elm Grove and North Kingwood Forest on May 7, 2019, that any competent CEO would have been all over this situation to make sure it didn’t happen again. After all, hundreds of lives were disrupted and the damages could involve tens of millions of dollars. It doesn’t seem like a good time to stick your head in the sand.
If I were the CEO, I would at least investigate to see if my companies had any liability.
Bob Rehak
But no! Ms. Britton now lays bare the problem. The CEO kept her distance. It wasn’t her problem. And then it happened again.
Two to three times as many homes flooded during Imelda – only five months later. For the same reasons. And, if we take her at her word, she still kept her distance.
The floods were important enough for the Harris County Judge Lina Hidalgo; Dave Martin, the Mayor Pro Tem of the City of Houston; and US Congressman Dan Crenshaw to visit Elm Grove. But not Kathy Perry Britton.
Talk About Intrusiveness!
Sitting for a deposition in a comfortable conference room seems far “less intrusive” than having several feet of muddy floodwater invade your home, destroy your belongings, and ruin your vehicles. (Ms. Britton, if you want to know what “intrusive” is, see below.)
Abel and Nancy Vera live next to Woodridge Village (in the background beyond the trees). They burned out two power washers trying to get several inches muck off their driveway after Imelda. Vehicle destroyed in Imelda flood. Vera neighbor on Village Springs in Elm Grove.
Water in Keith Stewart’s home on Shady Maple after May 7th flood in 2019.
The hopes and dreams of children were dragged to the curb for the second time in five months after the September 19th flood in Elm Grove.US Congressman Dan Crenshaw talking with Elm Grove residents whose homes were destroyed in the September 2019 flood.
It’s curious that a US Congressman took the time to get personal, first-hand knowledge of the floods in Elm Grove and North Kingwood Forest. But Kathy Perry Britton could not. Perhaps picking wallpaper for her new model homes was more important.
1334 Days after Hurricane Harvey and 583 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_68.jpg?fit=1500%2C1000&ssl=110001500adminadmin2021-04-24 06:59:582021-04-24 08:56:01Kathy Perry Britton Fights Being Deposed on Elm Grove Flooding
But four months later, the documents are still missing. Without explanation.
Either they got lost or were never developed in the first place. And no one will defend or explain the soil sampling in the documents that were produced.
Greg Arthur, Liberty County Precinct 2 Commissioner, won’t talk.
David Douglass, the Liberty County Engineer, won’t talk.
Louis Bergman, the former Liberty County Engineer, won’t talk.
Trey Harris, the developer of Colony Ridge, won’t talk.
Earnest Bailes, Liberty County’s state rep won’t talk.
Phil Struble, CEO of Landplan Engineering, won’t talk.
Enter Wayne Dolcefino, Investigator Extraordinaire
Wayne Dolcefino, formerly one of the country’s foremost investigative journalists and now a private investigator for the Plum Grove City Council, picked up the scent of a coverup. And he’s running it to ground…all the way to the Liberty County Courthouse and the headquarters of Landplan Engineering in Kansas. Landplan served as the engineering company for the Colony Ridge developer.
Simon and Garfunkle’s 1965 hit The Sounds of Silence became the theme song for Dolcefino’s latest exposé. In the 13-minute video, Dolcefino asks officials difficult questions about persistent problems that have driven off half of tiny Plum Grove’s population in the last few years.
I never get tired of watching Dolcefino wave his microphone in front of people who walk away to avoid answering questions.
For those who enjoy hard-hitting investigative journalism that speaks truth to power, this is a must-view video.
When it’s all over, you’ll ask yourself the biggest question of all: “Are these officials protecting the people who elected them or each other?”
We may soon find out. I interviewed Dolcefino this afternoon. He told me that his company, Dolcefino Consulting, is filing criminal complaints against State Representative Earnest Bailes and Commissioner Greg Arthur for failure to produce records requested under the Texas Public Information Act.
Keep your eye on this one. It has the potential to affect cozy relationships between developers and officials throughout the state.
Posted by Bob Rehak on 4/23/2021 based on a video by Wayne Dolcefino
1333 Days after Hurricane Harvey
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/2021/04/20210423-Screen-Shot-2021-04-23-at-1.32.20-PM.jpg?fit=1200%2C797&ssl=17971200adminadmin2021-04-23 14:40:532021-04-23 16:39:28Silence: Liberty County, Colony Ridge, Landplan Engineering Remain Mute on Missing Documents
Tuesday, I posted about three Harris County Flood Control District (HCFCD) floodwater-detention projects in construction on Greens Bayou. But HCFCD and the Army Corps recently completed three more. All three in the latter category started in 2015 – before the flood bond.
Magnitude of Recent Mitigation Investment on Greens
Looking at all six (in construction + recently completed) helps one understand the magnitude of investment in this watershed during the last six years.
The combined cost of all six projects totals more than $222 million.
The map below shows the locations of the recently completed projects in black; those still in construction are red. This post will focus on #4, #5 and #6 below.
#4, #5 and #6 represent three projects started in 2015 and recently completed.
#4: Greens Bayou Federal Flood Risk Management Project
The Greens Bayou Federal Flood Risk Management Project, also known as the Antoine Stormwater Detention Basin, lies just east of the Cutten Basin, discussed Tuesday. The U.S. Army Corps of Engineers Galveston District (Corps) and Harris County Flood Control District broke ground in 2015. Phase I cost $58 million. Phase II cost $21.4 million. And channel improvements cost $5.7.
Location of stormwater basin shown in yellow. Cutten basin is to left. Orange brackets show scope of channel improvements.
Phase I included approximately 3.7 miles of channel conveyance improvements from Cutten Road to Veterans Memorial Drive and approximately 108 acres of stormwater detention storage near the intersection of Antoine Drive and Beltway 8.
Phase II construction began in late 2016. It included completion of the north cell of the basin, located north of West Greens Road and excavation of the south cell, which is located south of West Greens Road.
From Google Earth Pro. Most recent satellite image is from 2/11/2019. For more recent construction shots, see below.
The Corps designed and built the project. It also planted trees, shrubs, and grasses on disturbed areas. These features will improve stormwater quality, support wildlife and provide opportunities for recreational benefits.
West Greens Drive bisects the Antoine basin, dividing it into two parts. However, box culverts connect them and they function as a single detention pond. The completed basin holds approximately 1,650 acre-feet, or 538 million gallons of stormwater. To put that in perspective, it holds a foot of rain falling over a 2.5 square mile area, or half a foot falling across 5 square miles!
Looking SW at the Antoine Stormwater Basin on Greens Bayou. Greens Drive bisects the project. Beltway 8 North is in background. Greens Bayou flows diagonally through the frame from right to left. Photographed on 4/22/2021
As part of a cost sharing arrangement, the Flood Control District purchased the 138-acre detention basin site. HCFCD also acquired other property and easements, and relocated utilities. The District will maintain the basin and channel in perpetuity.
#5: Kuykendahl Stormwater Detention Basin
Kuykendahl Stormwater Detention Basin sits on a 288-acre property near Kuykendahl Road and Ella Boulevard along an unnamed tributary of Greens Bayou.
The Kuykendahl Basin is the top purple area.
Contractors removed 3.61 million cubic yards of soil from the site. It holds 2,325 acre-feet, or 757.6 million gallons of stormwater. That’s a foot of rain falling across 3.6 square miles, or half a foot falling across 7.2.
2019 satellite image from Google Earth Pro of Kuykendahl Basin still under construction.
Following construction, contractors planted 22.19 acres of native tree and shrubs, and 12.79 acres of stormwater quality-treatment wetlands. They also created 14.04 acres of other wetlands to replace those impacted by construction.
What the Kuykendahl Basin looks like today, complete with picnic area.
Native, woody, riparian vegetation stabilizes banks, shades water, and creates habitat for birds.
FEMA awarded $39.2 million to the Harris County Flood Control District, under the Hurricane Ike Hazard Mitigation Grant Program (HMGP), for construction of this and another stormwater detention basin (see #6 below). The Flood Control District contributed matching funds for both projects.
Ceres Environmental Services Inc. constructed the two basins for $63.7 million. Combined, they were the largest construction contract ever managed by the Flood Control District up to that time. The two basins reduced or removed flooding risks and damages from more than 1,100 structures along Greens Bayou. “Avoided damage” exceeds $90 million in every flood.
Both projects (#5 and #6) are part of Progress Greens, a suite of flood damage reduction projects in the Greens Bayou watershed. All projects under the Progress Greens umbrella will function together to reduce flooding risks and damages for residents and businesses within the 213 square miles of the Greens Bayou watershed.
#6: Glen Forest Stormwater Detention Basin
The Glen Forest Stormwater Detention Basin lies southeast of the Kuykendahl Basin on a 160-acre site east of Interstate 45 and slightly north of Beltway 8. See P500-08-00 in the map below.
The Glen Forest project is at the purple location on the right.
The Glen Forest Basin project removed approximately 2.15 million cubic yards of soil in three connected cells. The completed basin holds approximately 894 acre-feet, or 291.3 million gallons of stormwater. That’s 1.4 square miles one foot deep or 2.8 square miles a half foot deep.
2019 satellite image from Google Earth Pro of Glen Forest Detention Basin at Beltway 8 North and 45while still under construction.
Basin design included 2.75 acres of native tree and shrub plantings and 0.81 acres of stormwater quality treatment wetlands.
Natural-channel design features, such as those in #5 above, provide environmental and water-quality enhancement.
The finished project today. Looking WNW from Imperial Valley Drive and Greens Road toward I-45 in background.
Regulation Vs. Mitigation
Areas both up and downstream from these ponds have extremely high-density commercial, industrial and residential development. Drive up Kuykendahl or Imperial Valley, for instance, and you will find mile after mile of apartment complexes. There’s little room for water to soak in during rainstorms.
More sensible development regulations that mandated onsite detention ponds when this area was being built might have prevented a lot of flood damage and heartbreak. Mitigating flood issues is always far more expensive, difficult and time consuming than preventing them. And many times, mitigating them after the fact is not even possible because of the shortage of land.
Value of Coalitions and Cooperation
Projects like the three above don’t happen without the combined efforts of elected representatives at the county, city, state and federal levels, plus community groups such as the Greens Bayou Coalition (GBC).
According to Jill Boullion, former director of the GBC, “The GBC advocated for $55 million in USACE funding from 2009 to 2015 for the Antoine Basin (Project #4) alone. We made many trips to DC, Galveston and Dallas to meet with elected officials, US Army Corps, Office of Management and Budget, and others. The Obama administration finally approved the funding! That was my first advocacy project and, boy, did I learn a LOT!!!”
The moral of that story: never underestimate the value of coalitions and cooperation in moving these projects forward.
Posted by Bob Rehak on 4/22/21
1332 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2021/04/20210422-DJI_0502.jpg?fit=1200%2C900&ssl=19001200adminadmin2021-04-22 13:46:222021-04-22 15:33:46Three More Major Projects on Greens Bayou Completed Recently by HCFCD, Army Corps
Kathy Perry Britton Fights Being Deposed on Elm Grove Flooding
Lawyers for Perry Homes CEO, Kathy Perry Britton, have filed a motion for a protective order to quash a request for her deposition. The motion involves lawsuits against her company and its subsidiaries for two 2019 floods that affected hundreds of homeowners in Kingwood’s Elm Grove Village and North Kingwood Forest. Ms. Britton’s basic argument: it’s beneath her.
Catch-22: Claims No Unique or Personal Knowledge
Ms. Britton’s attorneys claim she is an “apex-level” official and cannot be deposed without showing that she has “unique or personal knowledge” of discoverable information. This puts hundreds of plaintiffs in a Catch-22 situation – a paradoxical situation from which an individual cannot escape because of contradictory rules or limitations.
Talking Is Too Intrusive
Ironically, her lawyers assert that plaintiffs must learn what she knows through “less intrusive methods” than talking to her. Her lawyers maintain that CEOs live by different rules than the rest of us, and cite seven pages of legal precedents to support their opinion.
Duh!!!!!!!! Making the Case for Negligence?
To reinforce her argument, Ms. Britton personally claims:
Perhaps this is why so many people flooded! In my opinion, it seems Ms. Britton just admitted negligence.
What’s Proper Response for CEO?
One might think that after approximately 200 homes flooded in Elm Grove and North Kingwood Forest on May 7, 2019, that any competent CEO would have been all over this situation to make sure it didn’t happen again. After all, hundreds of lives were disrupted and the damages could involve tens of millions of dollars. It doesn’t seem like a good time to stick your head in the sand.
But no! Ms. Britton now lays bare the problem. The CEO kept her distance. It wasn’t her problem. And then it happened again.
Two to three times as many homes flooded during Imelda – only five months later. For the same reasons. And, if we take her at her word, she still kept her distance.
The floods were important enough for the Harris County Judge Lina Hidalgo; Dave Martin, the Mayor Pro Tem of the City of Houston; and US Congressman Dan Crenshaw to visit Elm Grove. But not Kathy Perry Britton.
Talk About Intrusiveness!
Sitting for a deposition in a comfortable conference room seems far “less intrusive” than having several feet of muddy floodwater invade your home, destroy your belongings, and ruin your vehicles. (Ms. Britton, if you want to know what “intrusive” is, see below.)
It’s curious that a US Congressman took the time to get personal, first-hand knowledge of the floods in Elm Grove and North Kingwood Forest. But Kathy Perry Britton could not. Perhaps picking wallpaper for her new model homes was more important.
I hope the judge in this case quashes the protective order. Read the full text of Ms. Britton’s Motion for a Protective Order here.
Read Plaintiff’s latest amended petition here.
For more about the history of the Woodridge Village fiasco see:
Posted by Bob Rehak on 4/24/2021
1334 Days after Hurricane Harvey and 583 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.
Silence: Liberty County, Colony Ridge, Landplan Engineering Remain Mute on Missing Documents
Wayne Dolcefino titles his latest video “The Sounds of Silence.” It’s about the Colony Ridge problems in Liberty County and the response of officials.
On December 26, 2020, I reported about missing drainage reports for the Colony Ridge development in Liberty County. The post also discussed the mischaracterization of soil types in the reports that did exist. The mischaracterization let the developer overestimate the infiltration of rain and thus underestimate runoff. That meant he needed fewer detention ponds and smaller ditches. And that, in turn, meant the developer could sell more lots. But then the flooding started. Coincidental?
Sounds of Silence
On January 4, 2021, Liberty County Attorney Matthew Poston launched an investigation.
Either they got lost or were never developed in the first place. And no one will defend or explain the soil sampling in the documents that were produced.
Neither will anyone talk about how large parts of Colony Ridge got approved by the County without the required engineering documents certifying “no negative effect” on drainage upstream or downstream from the development (see page 5). Note: Plum Grove Road has been washed out since Harvey and keeps getting worse. Neither will they talk about whether conditions at Colony Ridge comply with Liberty County regulations.
Enter Wayne Dolcefino, Investigator Extraordinaire
Wayne Dolcefino, formerly one of the country’s foremost investigative journalists and now a private investigator for the Plum Grove City Council, picked up the scent of a coverup. And he’s running it to ground…all the way to the Liberty County Courthouse and the headquarters of Landplan Engineering in Kansas. Landplan served as the engineering company for the Colony Ridge developer.
Simon and Garfunkle’s 1965 hit The Sounds of Silence became the theme song for Dolcefino’s latest exposé. In the 13-minute video, Dolcefino asks officials difficult questions about persistent problems that have driven off half of tiny Plum Grove’s population in the last few years.
I never get tired of watching Dolcefino wave his microphone in front of people who walk away to avoid answering questions.
For those who enjoy hard-hitting investigative journalism that speaks truth to power, this is a must-view video.
When it’s all over, you’ll ask yourself the biggest question of all: “Are these officials protecting the people who elected them or each other?”
We may soon find out. I interviewed Dolcefino this afternoon. He told me that his company, Dolcefino Consulting, is filing criminal complaints against State Representative Earnest Bailes and Commissioner Greg Arthur for failure to produce records requested under the Texas Public Information Act.
Keep your eye on this one. It has the potential to affect cozy relationships between developers and officials throughout the state.
Posted by Bob Rehak on 4/23/2021 based on a video by Wayne Dolcefino
1333 Days after Hurricane Harvey
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.
Three More Major Projects on Greens Bayou Completed Recently by HCFCD, Army Corps
Tuesday, I posted about three Harris County Flood Control District (HCFCD) floodwater-detention projects in construction on Greens Bayou. But HCFCD and the Army Corps recently completed three more. All three in the latter category started in 2015 – before the flood bond.
Magnitude of Recent Mitigation Investment on Greens
Looking at all six (in construction + recently completed) helps one understand the magnitude of investment in this watershed during the last six years.
The map below shows the locations of the recently completed projects in black; those still in construction are red. This post will focus on #4, #5 and #6 below.
#4: Greens Bayou Federal Flood Risk Management Project
The Greens Bayou Federal Flood Risk Management Project, also known as the Antoine Stormwater Detention Basin, lies just east of the Cutten Basin, discussed Tuesday. The U.S. Army Corps of Engineers Galveston District (Corps) and Harris County Flood Control District broke ground in 2015. Phase I cost $58 million. Phase II cost $21.4 million. And channel improvements cost $5.7.
Phase I included approximately 3.7 miles of channel conveyance improvements from Cutten Road to Veterans Memorial Drive and approximately 108 acres of stormwater detention storage near the intersection of Antoine Drive and Beltway 8.
Phase II construction began in late 2016. It included completion of the north cell of the basin, located north of West Greens Road and excavation of the south cell, which is located south of West Greens Road.
The Corps designed and built the project. It also planted trees, shrubs, and grasses on disturbed areas. These features will improve stormwater quality, support wildlife and provide opportunities for recreational benefits.
West Greens Drive bisects the Antoine basin, dividing it into two parts. However, box culverts connect them and they function as a single detention pond. The completed basin holds approximately 1,650 acre-feet, or 538 million gallons of stormwater. To put that in perspective, it holds a foot of rain falling over a 2.5 square mile area, or half a foot falling across 5 square miles!
As part of a cost sharing arrangement, the Flood Control District purchased the 138-acre detention basin site. HCFCD also acquired other property and easements, and relocated utilities. The District will maintain the basin and channel in perpetuity.
#5: Kuykendahl Stormwater Detention Basin
Kuykendahl Stormwater Detention Basin sits on a 288-acre property near Kuykendahl Road and Ella Boulevard along an unnamed tributary of Greens Bayou.
Contractors removed 3.61 million cubic yards of soil from the site. It holds 2,325 acre-feet, or 757.6 million gallons of stormwater. That’s a foot of rain falling across 3.6 square miles, or half a foot falling across 7.2.
Following construction, contractors planted 22.19 acres of native tree and shrubs, and 12.79 acres of stormwater quality-treatment wetlands. They also created 14.04 acres of other wetlands to replace those impacted by construction.
Native, woody, riparian vegetation stabilizes banks, shades water, and creates habitat for birds.
FEMA awarded $39.2 million to the Harris County Flood Control District, under the Hurricane Ike Hazard Mitigation Grant Program (HMGP), for construction of this and another stormwater detention basin (see #6 below). The Flood Control District contributed matching funds for both projects.
Ceres Environmental Services Inc. constructed the two basins for $63.7 million. Combined, they were the largest construction contract ever managed by the Flood Control District up to that time. The two basins reduced or removed flooding risks and damages from more than 1,100 structures along Greens Bayou. “Avoided damage” exceeds $90 million in every flood.
Both projects (#5 and #6) are part of Progress Greens, a suite of flood damage reduction projects in the Greens Bayou watershed. All projects under the Progress Greens umbrella will function together to reduce flooding risks and damages for residents and businesses within the 213 square miles of the Greens Bayou watershed.
#6: Glen Forest Stormwater Detention Basin
The Glen Forest Stormwater Detention Basin lies southeast of the Kuykendahl Basin on a 160-acre site east of Interstate 45 and slightly north of Beltway 8. See P500-08-00 in the map below.
The Glen Forest Basin project removed approximately 2.15 million cubic yards of soil in three connected cells. The completed basin holds approximately 894 acre-feet, or 291.3 million gallons of stormwater. That’s 1.4 square miles one foot deep or 2.8 square miles a half foot deep.
Basin design included 2.75 acres of native tree and shrub plantings and 0.81 acres of stormwater quality treatment wetlands.
Natural-channel design features, such as those in #5 above, provide environmental and water-quality enhancement.
Regulation Vs. Mitigation
Areas both up and downstream from these ponds have extremely high-density commercial, industrial and residential development. Drive up Kuykendahl or Imperial Valley, for instance, and you will find mile after mile of apartment complexes. There’s little room for water to soak in during rainstorms.
More sensible development regulations that mandated onsite detention ponds when this area was being built might have prevented a lot of flood damage and heartbreak. Mitigating flood issues is always far more expensive, difficult and time consuming than preventing them. And many times, mitigating them after the fact is not even possible because of the shortage of land.
Value of Coalitions and Cooperation
Projects like the three above don’t happen without the combined efforts of elected representatives at the county, city, state and federal levels, plus community groups such as the Greens Bayou Coalition (GBC).
According to Jill Boullion, former director of the GBC, “The GBC advocated for $55 million in USACE funding from 2009 to 2015 for the Antoine Basin (Project #4) alone. We made many trips to DC, Galveston and Dallas to meet with elected officials, US Army Corps, Office of Management and Budget, and others. The Obama administration finally approved the funding! That was my first advocacy project and, boy, did I learn a LOT!!!”
The moral of that story: never underestimate the value of coalitions and cooperation in moving these projects forward.
Posted by Bob Rehak on 4/22/21
1332 Days since Hurricane Harvey