Henderson settles lawsuit with homeowners over ‘serious flooding’ | Henderson

The Henderson City Council on Tuesday approved a settlement of more than $3 million in a class-action lawsuit filed by a group of homeowners against the city and the city’s contractor after they said construction work caused their homes to flood to stand.

Nineteen Whitney Ranch homeowners filed the lawsuit against the city in 2022. They alleged that the city and its contractor, Harber Company, were negligent during a construction project called the Whitney Ranch Channel Replacement Project.

Seven of the homeowners claimed their homes suffered “severe flooding” as a result of the construction, the complaint said. Twelve other homeowners claimed to have suffered demolition and construction damage, including cracked and displaced walls on their property.

City council members unanimously approved the settlement on Tuesday.

Whitney Ranch is a neighborhood in eastern Henderson, near Interstate 11 and Warm Springs Road.

The homeowners alleged the city was negligent in its inspection and demolition contracting, the complaint said.

The municipality accepts no liability

As part of the settlement, Henderson admitted no liability.

“The city disagrees with the plaintiffs’ allegations and claims in the lawsuit,” the city said in a statement to the Review-Journal.

“Due to the inherent risks of litigation, and after working with the city’s contractor, a settlement was reached that the city believes is in the best interest,” the statement said.

Attorneys for the homeowners had yet to respond to request for comment.

The project intended to remove a concrete-lined storm drain. According to a March 2022 construction announcement from the city, the canal would be replaced with concrete box culverts.

The lawsuit was filed in district court on September 26, 2022. Homeowners sought compensation for out-of-pocket costs and attorney fees.

During the project, the homeowners alleged that Harber Company blocked the existing flood channel with a makeshift dam. This was done in an effort to keep the canal dry during Harber’s work in the monsoon season, the complaint said.

However, the makeshift dam dramatically reduced the canal’s ability to drain rainwater, the complaint alleged.

Rising flood water

On July 27, 2022, homeowners alerted the city to rising flood waters, the complaint said.

The city’s inspectors found only that the storm drains were functioning properly. The homeowners alleged that inspectors failed to inspect the flood channel. In his response to the complaint, Henderson denied having “a duty to inspect” and a “duty to discover any alleged danger.”

Later that evening, the homeowners claimed that the makeshift dam prevented water from being transported through the canal and away from the homeowners’ properties.

The floodwaters finally reached the walls on the edge of their properties on the evening of July 27, 2022; homeowners claimed their gardens and their swimming pools were damaged by floodwaters.

In his response, Henderson denied that the makeshift dam Harber built caused the damage to homeowners’ property.

The $3,125,000 settlement will be paid by Harber Company’s insurance companies.

Contact Annie Vong at [email protected]. Follow @annievwrites on X.