The City of Plum Grove on the San Jacinto East Fork has sued the developer of Colony Ridge over alleged breaches of an agreement that governs development in the City’s extra territorial jurisdiction. Colony Ridge is the world’s largest trailer park. Specifically, the City claims that Colony Ridge:
Allowed stormwater runoff from the development to flood the City
Failed to contain sewage that overflowed into neighborhoods and waterways
Parallels with Elm Grove Lawsuit against Woodridge Village Developer
This lawsuit has many parallels with a lawsuit by Elm Grove Village homeowners in Kingwood. They are suing Perry Homes, its subsidiaries and contractors for flooding hundreds of homes last year. Similarities include:
Neighboring homeowners vs. a developer that…
Clearcut land
Filled in wetlands
Without allegedly installing adequate detention or drainage
More than $1 Million in Damage to City Hall, Roads and Other Property
Plum Grove seeks damages for Colony Ridge’s “repeated and serious damage to City-owned or maintained buildings, roadways and other property.” The City claims more than $1 million in damages to date. But the City is not seeking compensation for damages. It wants the developer to fix the problems that are causing repeated flooding and sewage spills.
Causes of Action
Lawyers for Plum Grove cite several “causes of action” to support their claims and damages:
Breach of Contract
Negligence
Private Nuisance
Violation of Texas Water Code § 11.086
Trespass
Breach
“The fundamental breach of the Agreement arises from the fact that Defendant has paved over wetland area and/or diverted the flow of surface water without construction of adequate drainage or detention facilities. Because of developments by Defendant without conforming to applicable drainage standards and regulations, Plum Grove and the surrounding area are now experiencing significant flooding after major rainfall events,” says the lawsuit on pages 6 and 7.
From Liberty County Stormwater Regulations. Plum Grove’s agreement with the developer specified that the developer had to comply with these regulations.
Negligence
A defendant’s actions rise to the level of negligence under Texas law if 1) the defendant “owed a duty” to plaintiffs (had an obligation); 2) the defendant breached that duty; and 3) the breach caused the plaintiff’s damages.
Nuisance
Private nuisance is a condition that substantially interferes with the use and enjoyment of land by causing unreasonable discomfort or annoyance. In that regard, the suit mentions both flooding and the repeated overflow of sewage into creeks, ditches and property.
Water Code Violation
The Texas Water Code, Chapter 11.086, prohibits a person from diverting the natural flow of surface water in a manner that damages the property of another.
“Because of the increased stormwater runoff from Defendant’s developments during significant rain events like Hurricane Harvey, Tropical Storm Imelda, and the May 7, 2019 storm,” says the suit, “City Hall was flooded, City-owned/maintained roads, and residential areas have been inundated and City-owned/maintained bridges and culverts have experienced significant damage. Defendant’s actions constitute the wrongful diversion of surface water onto City property.”
Plum Grove residents allege that Colony Ridge cleared forests, filled in wetlands and re-routed runoff without adequate detention. And as a result, flood risk has increased within tiny Plum Grove which has only several hundred residents left. Many have been driven off already.
Trespass
The most interesting legal theory is that the stormwater “trespassed” on neighbor’s property. A defendant commits “trespass to real property,” claims the suit, “where there is an unauthorized entry upon the land of another, and may occur when one enters—or causes something to enter—another’s property.”
Problems Became Apparent in 2015
Further, the suit alleges that Colony ridge was aware of drainage violations since at least 2015 (Page 7). Finally, it alleges that had Colony Ridge followed County regulations and standards as required by the agreement with Plum Grove, that flooding and its impact on the City and nearby properties would have been significantly reduced.
Long-Time Resident Verifies City Claims
Resident Michael Shrader says that his property never flooded before Colony Ridge started clearing land upstream from his home on Maple Branch. He has lived in Plum Grove since 1987 and weathered huge storms in 1994 and 2001 (Tropical Storm Allison) without flooding. “The extreme flooding in my yard and home during more recent storms,” said Shrader, “was clearly a result of the Camino Real Colonia’s stormwater run-off that’s all directed to the head of Maple Branch that then runs behind my back yard. Colony Ridge is the only major change to the landscape since I’ve lived here. All the wetlands that were there are now gone!”
Area the way it existed in 2011, before Colony Ridge
Same area in 2019. Colony Ridge is still expanding today.See area at right.
Shrader’s house as water was still rising during Harvey. Shrader says it eventually got up to the windows in the foreground.
Maria Acevedo, another local land owner and activist has seen firsthand the construction practices at Colony Ridge. “Their lack of Best Management Practices has sent silt downstream. That silt as clogged drains and ditches, causing water to back up and overflow. The TCEQ has documented these practices. The longer such abuses continue, the more pushback this developer will get from Plum Grove residents and also residents of Colony Ridge.”
“We are not going away until they comply with the law.”
Maria Acevedo
More on that TCEQ report tomorrow. It’s 184 pages long and deserves its own post.
Posted by Bob Rehak on 10/15/2020
1143 Days since Hurricane Harvey and 392 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/2020/10/Front-Yard-Aug-27-2017.jpg?fit=1336%2C752&ssl=17521336adminadmin2020-10-15 18:17:332020-10-15 18:53:49Plum Grove Sues Colony Ridge Developer Over Floodwater, Sewage Leaks
When Noxxe Oil & Gas declared bankruptcy in February of this year, the company left behind dozens of pump jacks, tanks, trucks and other pieces of oilfield equipment that Harvey destroyed in Forest Cove. The Texas Railroad Commission (TRRC) seized the assets but has been slow to clean up the mess. As a result, thieves and TRRC are now engaged in a low-stakes game of tug-of-war – to the victor goes the scrap metal. But the TRRC says it will soon start a cleanup of this site.
Vultures Picking Over Noxxe’s Bones
I ran a story several weeks ago about this heating tower on Marina Drive in Forest Cove. I’ve nicknamed Marina Drive “The Boulevard of Broken Dreams.” That’s because of the dozens of townhomes destroyed there by Harvey.
Towers like the one below separate oil, gas and water. I had photographed it several times. Then, about a month ago, I noticed it toppled.
The 23-foot tower in question before it toppled. Abandoned after Harvey, it became property of the stateafter Noxxe’s bankruptcy.
I thought the tower had “fallen.” But an astute TRRC investigator pointed out the steel wire draped over the top of the tank below.
It did not fall down. Someone pulled it down and attempted to drag it off. Photo taken in mid-September.
23 feet of 1.5 inch steel
After a couple cases of beer, I’m sure Jim Bob and Bubba felt this would be pretty light work. But the tower is made out of solid steel that is 1.5 inches thick – about the thickness of Jim Bob’s and Bubba’s brains put together. They had to abandon their efforts – until they got more beer.
Tower in a Tug of War
The thieves later came back and managed to drag the hefty tower into the middle of Marina Drive. See below.
It should be easy tracking down the thieves. Just look for oil stains on the carpet.
But according to the Railroad Commission, the tower weighs 6-8 tons.
Close up shot from the other direction.
“Think that will fit into the trunk, Jim Bob?”
The tower weighs more than two F150s plus a dozen rib dinners from Dickey’s. Translation: that ain’t fitting in the trunk…or a U-Haul, no matter how much beer they brought along. It would squash the tires like roaches.
When notified that the unit was blocking the Boulevard of Broken Dreams and putting dopers in danger, TRRC returned with a tractor and a winch. They tried to haul it off, too, but gave up when it nearly broke the winch. They determined that only a crane will lift it. So they pushed the heater treater back near its original pad. See below.
Back where it started. Photo taken 10/13/2020.
Art of Jungle Warfare Elevated
TRRC then mined the area with thousands of razor-sharp brambles; sweet-gum balls; and twisted, torn chain link fencing. Steel-toed shoes are no match. These defenses could even take out the tires of a dually.
Someone may yet steal this steel. But they will pay a heavy price. TRRC has taken jungle warfare to the next level. Ho Chi Minh could have learned a thing or two from the Railroad Commission.
Forest Cove Cleanup Now Named a Priority Project
According to Dean Southward, the TRRC District Cleanup Coordinator, Noxxe’s Forest Cove Properties have been elevated to the status of a priority project. The Commission’s budget has recycled and Southward says he will soon start bidding the cleanup. Forest Cove homeowners and Little League players will rejoice. Maybe we will hear the Hallelujah Chorus playing by Christmas.
In the meantime, folks, unless you have a very good chiropractor, stay away from the Noxxe Lease.
Thanks to Dan Huberty for his help in getting the TRRC to name this a priority.
Posted by Bob Rehak on 10/14/2020
1142 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/2020/10/20201005-DJI_0817.jpg?fit=1200%2C900&ssl=19001200adminadmin2020-10-14 15:15:342020-10-14 15:15:44Railroad Commission To Start Bidding Cleanup of Forest Cove Oilfields, Even as They Battle Thieves
On 8/11/2020, Harris County Commissioners Court approved creation of a new Community Flood Resilience Task Force (CFRTF). The first five of 17 appointments to the Task Force have been made by the County Judge and each of the four Commissioners. The first five will select the remaining members.
I seldom insert myself in a story. But it will be impossible not to in this case. Read on.
Purpose of Community Flood Resilience Task Force
According to the bylaws approved in commissioners court, the purpose of the CFRTF is to serve in an advisory capacity to the County’s Infrastructure Resilience Team and the Harris County Commissioners Court. The CFRTF will promote collaboration among stakeholders. The Task Force will also encourage equitable resilience planning and flood resilience projects that:
Support holistic, innovative, and nature-based solutions to building flood resilience and mitigating flood risks;
Achieve multiple short- and long-term benefits for as many Harris County communities as possible;
Take into account the needs and priorities of the community and promote equitable community-level outcomes in the face of flooding; and
Protect communities, homes, and businesses across Harris County from flood-related hazards.
US59 during Harvey. Photo by Melinda Ray.
Task Force Objectives
CFRTF objectives include:
Provide feedback on the development and implementation of flood resilience planning efforts.
Strengthen flood resilience.
Evaluate implementation of the existing flood-bond project prioritization framework and schedule.
Identify and develop funding strategies for flood resilience efforts.
Provide oversight and encourage transparency in the development and implementation of Harris County’s future flood-resilience planning efforts.
Improve community engagement. Obtain feedback from the community on flood resilience planning efforts and projects.
Rundown on Five Initial Members
The five members appointed by the Judge and Commissioners include:
Remaining Members Will Be Selected by the End of the Year
The remaining 12 members of the Task Force will be selected by the five members above. To date, there have been no official meetings as the final member, Rehak, was approved today.
Composition of the final 17 member task force must include at least:
Two members from low-income, flood-prone communities
Two members from communities of color impacted by flooding
Three members with scientific and/or technical expertise related to environmentally sustainable flood resilience or flood-risk mitigation
One City-of-Houston employee with responsibility for flood resilience
One member from each of eight competency areas below (who may also represent categories above)
Competency Areas
Public Housing
Public Health
Engineering/Construction
Urban Design/Planning
Flood-Risk Mitigation
Environmental Sustainability
Grassroots Community Organization
Equity and Social Justice
Remaining members should be selected by the end of this calendar year.
A Personal Note
I didn’t seek this position. Precinct 4 Commissioner Jack Cagle nominated me. I accepted his nomination and feel honored. I promise to make the proceedings of this group as open and transparent as possible. That is one of the core objectives. And ReduceFlooding.com provides an ideal platform to help achieve that. If you have input that could help the task force, please feel free to email me through the Contact Page on this web site. In the meantime, I will continue posting as I have since Harvey about the causes of flooding and ways to mitigate it.
Posted by Bob Rehak on 10/13/2020
1141 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/01/Melinda-Ray-Harvey.jpg?fit=900%2C1200&ssl=11200900adminadmin2020-10-13 18:15:272020-10-13 23:01:46First Members of Harris County Community Flood Resilience Task Force Appointed, Rehak Among Them
Plum Grove Sues Colony Ridge Developer Over Floodwater, Sewage Leaks
The City of Plum Grove on the San Jacinto East Fork has sued the developer of Colony Ridge over alleged breaches of an agreement that governs development in the City’s extra territorial jurisdiction. Colony Ridge is the world’s largest trailer park. Specifically, the City claims that Colony Ridge:
The City wants the developer to fix the problems and live up to the terms of their agreement (see Exhibit 1, Page 15). Plum Grove’s lawsuit cites several instances of both flooding and sewage spills. Only some have previously been covered in ReduceFlooding.com posts.
Parallels with Elm Grove Lawsuit against Woodridge Village Developer
This lawsuit has many parallels with a lawsuit by Elm Grove Village homeowners in Kingwood. They are suing Perry Homes, its subsidiaries and contractors for flooding hundreds of homes last year. Similarities include:
More than $1 Million in Damage to City Hall, Roads and Other Property
Plum Grove seeks damages for Colony Ridge’s “repeated and serious damage to City-owned or maintained buildings, roadways and other property.” The City claims more than $1 million in damages to date. But the City is not seeking compensation for damages. It wants the developer to fix the problems that are causing repeated flooding and sewage spills.
Causes of Action
Lawyers for Plum Grove cite several “causes of action” to support their claims and damages:
Breach
“The fundamental breach of the Agreement arises from the fact that Defendant has paved over wetland area and/or diverted the flow of surface water without construction of adequate drainage or detention facilities. Because of developments by Defendant without conforming to applicable drainage standards and regulations, Plum Grove and the surrounding area are now experiencing significant flooding after major rainfall events,” says the lawsuit on pages 6 and 7.
Negligence
A defendant’s actions rise to the level of negligence under Texas law if 1) the defendant “owed a duty” to plaintiffs (had an obligation); 2) the defendant breached that duty; and 3) the breach caused the plaintiff’s damages.
Nuisance
Private nuisance is a condition that substantially interferes with the use and enjoyment of land by causing unreasonable discomfort or annoyance. In that regard, the suit mentions both flooding and the repeated overflow of sewage into creeks, ditches and property.
Water Code Violation
The Texas Water Code, Chapter 11.086, prohibits a person from diverting the natural flow of surface water in a manner that damages the property of another.
“Because of the increased stormwater runoff from Defendant’s developments during significant rain events like Hurricane Harvey, Tropical Storm Imelda, and the May 7, 2019 storm,” says the suit, “City Hall was flooded, City-owned/maintained roads, and residential areas have been inundated and City-owned/maintained bridges and culverts have experienced significant damage. Defendant’s actions constitute the wrongful diversion of surface water onto City property.”
Plum Grove residents allege that Colony Ridge cleared forests, filled in wetlands and re-routed runoff without adequate detention. And as a result, flood risk has increased within tiny Plum Grove which has only several hundred residents left. Many have been driven off already.
Trespass
The most interesting legal theory is that the stormwater “trespassed” on neighbor’s property. A defendant commits “trespass to real property,” claims the suit, “where there is an unauthorized entry upon the land of another, and may occur when one enters—or causes something to enter—another’s property.”
Problems Became Apparent in 2015
Further, the suit alleges that Colony ridge was aware of drainage violations since at least 2015 (Page 7). Finally, it alleges that had Colony Ridge followed County regulations and standards as required by the agreement with Plum Grove, that flooding and its impact on the City and nearby properties would have been significantly reduced.
Long-Time Resident Verifies City Claims
Resident Michael Shrader says that his property never flooded before Colony Ridge started clearing land upstream from his home on Maple Branch. He has lived in Plum Grove since 1987 and weathered huge storms in 1994 and 2001 (Tropical Storm Allison) without flooding. “The extreme flooding in my yard and home during more recent storms,” said Shrader, “was clearly a result of the Camino Real Colonia’s stormwater run-off that’s all directed to the head of Maple Branch that then runs behind my back yard. Colony Ridge is the only major change to the landscape since I’ve lived here. All the wetlands that were there are now gone!”
Maria Acevedo, another local land owner and activist has seen firsthand the construction practices at Colony Ridge. “Their lack of Best Management Practices has sent silt downstream. That silt as clogged drains and ditches, causing water to back up and overflow. The TCEQ has documented these practices. The longer such abuses continue, the more pushback this developer will get from Plum Grove residents and also residents of Colony Ridge.”
More on that TCEQ report tomorrow. It’s 184 pages long and deserves its own post.
Posted by Bob Rehak on 10/15/2020
1143 Days since Hurricane Harvey and 392 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.
Railroad Commission To Start Bidding Cleanup of Forest Cove Oilfields, Even as They Battle Thieves
When Noxxe Oil & Gas declared bankruptcy in February of this year, the company left behind dozens of pump jacks, tanks, trucks and other pieces of oilfield equipment that Harvey destroyed in Forest Cove. The Texas Railroad Commission (TRRC) seized the assets but has been slow to clean up the mess. As a result, thieves and TRRC are now engaged in a low-stakes game of tug-of-war – to the victor goes the scrap metal. But the TRRC says it will soon start a cleanup of this site.
Vultures Picking Over Noxxe’s Bones
I ran a story several weeks ago about this heating tower on Marina Drive in Forest Cove. I’ve nicknamed Marina Drive “The Boulevard of Broken Dreams.” That’s because of the dozens of townhomes destroyed there by Harvey.
Towers like the one below separate oil, gas and water. I had photographed it several times. Then, about a month ago, I noticed it toppled.
I thought the tower had “fallen.” But an astute TRRC investigator pointed out the steel wire draped over the top of the tank below.
After a couple cases of beer, I’m sure Jim Bob and Bubba felt this would be pretty light work. But the tower is made out of solid steel that is 1.5 inches thick – about the thickness of Jim Bob’s and Bubba’s brains put together. They had to abandon their efforts – until they got more beer.
Tower in a Tug of War
The thieves later came back and managed to drag the hefty tower into the middle of Marina Drive. See below.
But according to the Railroad Commission, the tower weighs 6-8 tons.
“Think that will fit into the trunk, Jim Bob?”
The tower weighs more than two F150s plus a dozen rib dinners from Dickey’s. Translation: that ain’t fitting in the trunk…or a U-Haul, no matter how much beer they brought along. It would squash the tires like roaches.
When notified that the unit was blocking the Boulevard of Broken Dreams and putting dopers in danger, TRRC returned with a tractor and a winch. They tried to haul it off, too, but gave up when it nearly broke the winch. They determined that only a crane will lift it. So they pushed the heater treater back near its original pad. See below.
Art of Jungle Warfare Elevated
TRRC then mined the area with thousands of razor-sharp brambles; sweet-gum balls; and twisted, torn chain link fencing. Steel-toed shoes are no match. These defenses could even take out the tires of a dually.
Someone may yet steal this steel. But they will pay a heavy price. TRRC has taken jungle warfare to the next level. Ho Chi Minh could have learned a thing or two from the Railroad Commission.
Forest Cove Cleanup Now Named a Priority Project
According to Dean Southward, the TRRC District Cleanup Coordinator, Noxxe’s Forest Cove Properties have been elevated to the status of a priority project. The Commission’s budget has recycled and Southward says he will soon start bidding the cleanup. Forest Cove homeowners and Little League players will rejoice. Maybe we will hear the Hallelujah Chorus playing by Christmas.
In the meantime, folks, unless you have a very good chiropractor, stay away from the Noxxe Lease.
Thanks to Dan Huberty for his help in getting the TRRC to name this a priority.
Posted by Bob Rehak on 10/14/2020
1142 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.
First Members of Harris County Community Flood Resilience Task Force Appointed, Rehak Among Them
On 8/11/2020, Harris County Commissioners Court approved creation of a new Community Flood Resilience Task Force (CFRTF). The first five of 17 appointments to the Task Force have been made by the County Judge and each of the four Commissioners. The first five will select the remaining members.
I seldom insert myself in a story. But it will be impossible not to in this case. Read on.
Purpose of Community Flood Resilience Task Force
According to the bylaws approved in commissioners court, the purpose of the CFRTF is to serve in an advisory capacity to the County’s Infrastructure Resilience Team and the Harris County Commissioners Court. The CFRTF will promote collaboration among stakeholders. The Task Force will also encourage equitable resilience planning and flood resilience projects that:
Task Force Objectives
CFRTF objectives include:
Rundown on Five Initial Members
The five members appointed by the Judge and Commissioners include:
Remaining Members Will Be Selected by the End of the Year
The remaining 12 members of the Task Force will be selected by the five members above. To date, there have been no official meetings as the final member, Rehak, was approved today.
Composition of the final 17 member task force must include at least:
Competency Areas
Remaining members should be selected by the end of this calendar year.
A Personal Note
I didn’t seek this position. Precinct 4 Commissioner Jack Cagle nominated me. I accepted his nomination and feel honored. I promise to make the proceedings of this group as open and transparent as possible. That is one of the core objectives. And ReduceFlooding.com provides an ideal platform to help achieve that. If you have input that could help the task force, please feel free to email me through the Contact Page on this web site. In the meantime, I will continue posting as I have since Harvey about the causes of flooding and ways to mitigate it.
Posted by Bob Rehak on 10/13/2020
1141 Days since Hurricane Harvey