October 20, 2025 – On October 16, 2025, the Fourteenth Court of Appeals ruled that the San Jacinto River Authority (SJRA) enjoyed governmental immunity in one set of “takings” claims arising out of Hurricane Harvey. The three-judge panel reversed a ruling by the 152nd District Court in Harris County.
The new ruling said that the SJRA acted reasonably and that the property owners failed to prove their case. The property owners had accused the SJRA of causing or worsening their flooding during Hurricane Harvey as a result of releases from Lake Conroe.
Even so, the ruling runs to 33 pages. Every paragraph represents a Tylenol moment for the plaintiffs. From discussions of applicable law to standards of proof, expert witness testimony and more.
The justices relied heavily on the gravity and immediacy of the threat posed by Hurricane Harvey (page 18) in determining that SJRA deserved immunity. Harvey was “significantly serious” and “likely to produce great harm or danger,” they said (page 20).
Key Factors in Finding
The judges believed that SJRA acted “reasonably,” a pivotal word they applied. “SJRA created a Gate Policy that was intended to minimize threats to life and property and to comply with applicable rules and legal authority. Adhering to that policy during a storm emergency is objectively reasonable,” they added on Page 21.
Further they found (page 25) that the downstream property owners failed to prove that “the threat to life or property posed by Harvey [did] not qualify as grave and immediate.”
And they agreed with the SJRA (page 29) that releasing the stormwater from Lake Conroe was “necessary,” even though:
Some buffer existed before SJRA would have flooded upstream residents
The dam could have withstood higher levels.
In the end, they said (page 31), “The decision of whether, when, and how much, water to release was discretionary and the Property Owners have not presented evidence that the amount released was so extreme as to be objectively unreasonable.”
Conclusion: Reversal With Prejudice
Thus, they concluded, “We reverse the trial court’s order and render judgment dismissing with prejudice [emphasis added] the Property Owners’ statutory takings claims.”
A dismissal “with prejudice” means the case is over. Plaintiffs cannot refile the claim ever again. This final judgment permanently ends the lawsuit and prevents the same issues from relitigation in the future. Except through a successful appeal to a higher court.
It’s unclear how this case differs from several other similar takings cases arising out of Harvey. It’s also unclear at this point whether the plaintiffs will appeal the case.
Posted by Bob Rehak on 10/20/2025
2974 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2025/10/SJRA-Lawsuit-Appeal-Win-e1761012101319.png?fit=1199%2C623&ssl=16231199adminadmin2025-10-20 21:24:082025-10-25 13:36:43SJRA Wins Appeal Against Downstream Homeowners
10/19/2025 – Yesterday, dozens of volunteers from across Kingwood joined together to make a huge difference in Median Madness Round 3. Young and old, male and female, Republicans and Democrats, they all worked side by side. For the good of their community, they attacked a stretch of Northpark Drive where vines and tree limbs had encroached on the roadway, reducing visibility and interfering with traffic.
An HPD officer described the problems. Drivers trying to cross Northpark had problems seeing oncoming traffic without pulling out into the road. Also, large trucks using the inside lane of Northpark next to the median would often swerve into the other lane to avoid overhanging limbs that would scratch their vehicles. The sudden swerves endangered traffic in the outside lane. But that’s no longer a problem. At least in this area near Woodland Hills Drive.
How Area Looks AFTER Clean Up Effort
Thanks to the volunteers and the help of the City workers who gave up their Saturday morning, visibility has radically improved. So have the aesthetics of Northpark Drive!
“After” photo taken on Sunday 10/19/25. Note the broad cleared area next to traffic.Quite an improvement!
Team That Made the Difference
Approximately three dozen volunteers joined members of the City’s Parks and Recreation Department, and City Council Members Fred Flickinger and Julian Ramirez (far right) for the effort.Orientation at rally point.
After a brief orientation, they spread out along Northpark. Some trimmed back vegetation while the others piled up the limbs and vines for disposal. I don’t have the names of all those who participated. But we should all thank them for their efforts.
Team Goes Into Attack Mode
It was a miracle to watch as the pictures below show. Everyone did what needed doing. With a smile. After the orientation, they immediately assaulted the offending limbs and vines with a passion. (See pictures below.)
Professionals from Houston Parks and Recreation handled work high in the trees with special equipment...…while the volunteers with lopping shears handled the rest.Some people piled the debris……as fast as others could trim it.It was a wordless ballet of teamwork.People just did whatever needed doing.Gracie de LeonHumble ISDboard member Elizabeth Shaw (center with long dark hair)No one consistently carried bigger loads than City Council Member Julian Ramirez (At-Large Position #1).There is Ramirez again in the background, hefting another heavy load.James Cook made the Catch of the DayAddie Vincent came representing a group called the Greenbelt Guardians. They patrol Kingwood trails to pick up trash, report downed trees and keep trails clear.Council Member Flickinger (center) with Greenbelt GuardiansAddie Vincent (l) and Blaise Pawlak (r).
It was gratifying to see the next generation of Kingwood residents taking as much pride as their parents did in keeping Kingwood beautiful.
Debra Knebel of Hunters Ridge (l) and another happy volunteer.Knebel is also a board member of the Bear Branch Trail Association.Houston Parks and Recreation Department employee Janet Curtisstrikes a happy pose as her debris pile became taller than she is.
About the Greenbelt Guardians
According to Knebel, the Greenbelt Guardians are students from Kingwood High School, who volunteer to work on greenbelt beautification projects. They clear greenbelts and pick up debris for the various community and trail associations in Kingwood.
The Greenbelt Guardians are available to meet with the community and trail associations to discuss volunteer opportunities.
The leaders of the organization are Broderick Rosello, Blaise Pawlak, and Addie Vincent at Kingwood High School.
Reach out to them if you have time to give. They have an Instagram account: @kw.greenbelt.guardians.
Special Thanks
Thanks to everyone who turned out for Round 3 of Median Madness. You made a huge difference! And you are an inspiration!
Special thanks to Council Member Fred Flickinger for sponsoring the event and to his Deputy Chief of Staff Demari Perez for helping to organize and promote it.
Posted by Bob Rehak on 10/19/25
2973 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2025/10/20251018-DSC_3893.jpg?fit=1100%2C733&ssl=17331100adminadmin2025-10-19 18:32:162025-10-20 11:08:47Median Madness Volunteers Made a Huge Difference … Again
10/18/2025 – Yesterday, on 10/17/2025, the Northpark Expansion project reached a major milestone. Some might say the project cleared a major hurdle, except the hurdle is about 15 feet below the UnionPacific Railroad tracks.
Whatever you call it, the completion of the second bore under the railroad tracks caused jubilation among board members of the Lake Houston Redevelopment Authority/TIRZ 10. Utility conflicts and buried debris delayed completion of the bores and forced construction crews to tackle other parts of the project out of sequence.
A collective sigh of relief could be heard … even through emails.
The twin bores will convey stormwater under the railroad tracks from the west side of Loop 494 to the east side, and from there to the Kingwood Diversion Ditch.
Path of drainage from entry ponds. Additional drainage from the businesses along Northpark will go through culverts under the street where the center ditch used to be.
The boring operation began in May 2025 after years of negotiation with the railroad. Crews had completed the first bore with little trouble, but then ran into a buried, out-of-place water line with the second bore that set them back months.
Next Major Steps
Crews must still place culverts under Northpark itself west of Loop 494 to get stormwater from the south side to the north side. Not necessarily in this order, they must also:
Complete new surface lanes on the south side of inbound Northpark
Finish driveways on the north side of outbound Northpark
Build junction boxes in the two bore pits
Work with UnionPacific as it rewires its signals for the new railroad crossing configuration
Clear “Ditch One” behind the businesses on the north side of Northpark
Pave the surface lanes that will go on either side of the bridge
Begin work on the foundation for the bridge and its abutments
Install permanent traffic lights at I-69
Finish paving Loop 494.
Photos Taken on 10/16-17/25
The photos below show progress made this week.
The yellow truck and crane in the center are demobilizing boring equipment.
This ten second video shows the augur breaking through into the receiving pit.
Video provided by Northpark project manager Ralph De Leon
Here’s how the two pits looked today.
(Looking E.) Crews have removed all equipment from the bore pit on the east side of the tracks.In the receiving pit west of the tracks, you can now clearly see twin 5′ bores...all the way through.When I visited the site, the bore contractors were already demobilizing their equipment.After crews build junction boxes in the pits and connect the drainage under Loop 494, paving crews will be able to complete this last segment and eliminate backups like you see above (upper right).
Elsewhere along Northpark
Friday afternoon, crews were busy working from one end of the project to the other.
Looking W toward I-69 at top of frame. Inbound lanes on the left still need to be paved. The bridge will begin in the foreground where the outbound lanes bow to the right.From opposite direction, looking E, outbound surface lanes will connect across the two bore pitsto the lane already paved in front of the Shell Station (lower left).That will straighten out a major kink in the traffic.Closer to I-69, private contractors hired by the Exxon jobber, Honey Farms, are reworking the stations apron to make room for drainage, sidewalk, street and lighting improvements.
SJRA Wins Appeal Against Downstream Homeowners
October 20, 2025 – On October 16, 2025, the Fourteenth Court of Appeals ruled that the San Jacinto River Authority (SJRA) enjoyed governmental immunity in one set of “takings” claims arising out of Hurricane Harvey. The three-judge panel reversed a ruling by the 152nd District Court in Harris County.
The new ruling said that the SJRA acted reasonably and that the property owners failed to prove their case. The property owners had accused the SJRA of causing or worsening their flooding during Hurricane Harvey as a result of releases from Lake Conroe.
Case Specifics
The case in question – SJRA v. Thomas E. and Beth F. Ross, Et Al. included 295 appellees.
Even so, the ruling runs to 33 pages. Every paragraph represents a Tylenol moment for the plaintiffs. From discussions of applicable law to standards of proof, expert witness testimony and more.
The justices relied heavily on the gravity and immediacy of the threat posed by Hurricane Harvey (page 18) in determining that SJRA deserved immunity. Harvey was “significantly serious” and “likely to produce great harm or danger,” they said (page 20).
Key Factors in Finding
The judges believed that SJRA acted “reasonably,” a pivotal word they applied. “SJRA created a Gate Policy that was intended to minimize threats to life and property and to comply with applicable rules and legal authority. Adhering to that policy during a storm emergency is objectively reasonable,” they added on Page 21.
Further they found (page 25) that the downstream property owners failed to prove that “the threat to life or property posed by Harvey [did] not qualify as grave and immediate.”
And they agreed with the SJRA (page 29) that releasing the stormwater from Lake Conroe was “necessary,” even though:
In the end, they said (page 31), “The decision of whether, when, and how much, water to release was discretionary and the Property Owners have not presented evidence that the amount released was so extreme as to be objectively unreasonable.”
Conclusion: Reversal With Prejudice
Thus, they concluded, “We reverse the trial court’s order and render judgment dismissing with prejudice [emphasis added] the Property Owners’ statutory takings claims.”
A dismissal “with prejudice” means the case is over. Plaintiffs cannot refile the claim ever again. This final judgment permanently ends the lawsuit and prevents the same issues from relitigation in the future. Except through a successful appeal to a higher court.
It’s unclear how this case differs from several other similar takings cases arising out of Harvey. It’s also unclear at this point whether the plaintiffs will appeal the case.
Posted by Bob Rehak on 10/20/2025
2974 Days since Hurricane Harvey
Median Madness Volunteers Made a Huge Difference … Again
10/19/2025 – Yesterday, dozens of volunteers from across Kingwood joined together to make a huge difference in Median Madness Round 3. Young and old, male and female, Republicans and Democrats, they all worked side by side. For the good of their community, they attacked a stretch of Northpark Drive where vines and tree limbs had encroached on the roadway, reducing visibility and interfering with traffic.
An HPD officer described the problems. Drivers trying to cross Northpark had problems seeing oncoming traffic without pulling out into the road. Also, large trucks using the inside lane of Northpark next to the median would often swerve into the other lane to avoid overhanging limbs that would scratch their vehicles. The sudden swerves endangered traffic in the outside lane. But that’s no longer a problem. At least in this area near Woodland Hills Drive.
How Area Looks AFTER Clean Up Effort
Thanks to the volunteers and the help of the City workers who gave up their Saturday morning, visibility has radically improved. So have the aesthetics of Northpark Drive!
Team That Made the Difference
After a brief orientation, they spread out along Northpark. Some trimmed back vegetation while the others piled up the limbs and vines for disposal. I don’t have the names of all those who participated. But we should all thank them for their efforts.
Team Goes Into Attack Mode
It was a miracle to watch as the pictures below show. Everyone did what needed doing. With a smile. After the orientation, they immediately assaulted the offending limbs and vines with a passion. (See pictures below.)
It was gratifying to see the next generation of Kingwood residents taking as much pride as their parents did in keeping Kingwood beautiful.
About the Greenbelt Guardians
According to Knebel, the Greenbelt Guardians are students from Kingwood High School, who volunteer to work on greenbelt beautification projects. They clear greenbelts and pick up debris for the various community and trail associations in Kingwood.
The Greenbelt Guardians are available to meet with the community and trail associations to discuss volunteer opportunities.
The leaders of the organization are Broderick Rosello, Blaise Pawlak, and Addie Vincent at Kingwood High School.
Reach out to them if you have time to give. They have an Instagram account: @kw.greenbelt.guardians.
Special Thanks
Thanks to everyone who turned out for Round 3 of Median Madness. You made a huge difference! And you are an inspiration!
Special thanks to Council Member Fred Flickinger for sponsoring the event and to his Deputy Chief of Staff Demari Perez for helping to organize and promote it.
Posted by Bob Rehak on 10/19/25
2973 Days since Hurricane Harvey
Major Northpark Milestone: Bore Under Tracks Completed
10/18/2025 – Yesterday, on 10/17/2025, the Northpark Expansion project reached a major milestone. Some might say the project cleared a major hurdle, except the hurdle is about 15 feet below the UnionPacific Railroad tracks.
Whatever you call it, the completion of the second bore under the railroad tracks caused jubilation among board members of the Lake Houston Redevelopment Authority/TIRZ 10. Utility conflicts and buried debris delayed completion of the bores and forced construction crews to tackle other parts of the project out of sequence.
The twin bores will convey stormwater under the railroad tracks from the west side of Loop 494 to the east side, and from there to the Kingwood Diversion Ditch.
The boring operation began in May 2025 after years of negotiation with the railroad. Crews had completed the first bore with little trouble, but then ran into a buried, out-of-place water line with the second bore that set them back months.
Next Major Steps
Crews must still place culverts under Northpark itself west of Loop 494 to get stormwater from the south side to the north side. Not necessarily in this order, they must also:
Photos Taken on 10/16-17/25
The photos below show progress made this week.
This ten second video shows the augur breaking through into the receiving pit.
Here’s how the two pits looked today.
Elsewhere along Northpark
Friday afternoon, crews were busy working from one end of the project to the other.
For More Information
Visit the Lake Houston Redevelopment Authority website to see a discussion of the next steps and a 3-week lookahead schedule.
Posted by Bob Rehak on 10/18/25
2972 Days since Hurricane Harvey