Kingwood residents file suit after hundreds of homes damaged during May floods

Sharon Schoeneck reacts as she looks at a growing stack of her belongings sits on the curb of her and her husband, David's home, as she and other residents in the Elm Grove subdivision, in Kingwood, cleaned up, May 9, after floodwaters damaged their homes earlier in the week. less Sharon Schoeneck reacts as she looks at a growing stack of her belongings sits on the curb of her and her husband, David's home, as she and other residents in the Elm Grove subdivision, in Kingwood, cleaned up, ... more Photo: Karen Warren, Houston Chronicle / Staff Photographer Photo: Karen Warren, Houston Chronicle / Staff Photographer Image 1 of / 6 Caption Close Kingwood residents file suit after hundreds of homes damaged during May floods 1 / 6 Back to Gallery

Linda Traylor still remembers the anxiety of not being able to reach her three dogs in early May as the home took on 2 feet of water.

She wasn’t able to get into the Elm Grove subdivision in Kingwood to check on her dogs until the following day — when she discovered almost all of her possessions were damaged.

“Both my husband and I were at work and our neighbors were advising us of what was happening, and we had no way of getting into our subdivision. It had flooded so quick,” Traylor said.

However, she believes the damage could have been avoided.

Traylor, along with her husband Terry and other residents in Elm Grove, filed a lawsuit against PSWA, Figure Four Partners and Rebel Contractors, contending that they are the ones responsible for their homes getting flooded during the May 7 rain event. The lawsuit seeks more than $1 million in damages, although a specific number has not been determined.

However, the developer and contractor say they didn’t do anything wrong in a counter-suit.

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Lawyers allege negligence

More than 200 Elm Grove residents say their homes were flooded due to construction practices at Woodridge Village, which is just northwest of the Kingwood subdivision. Woodridge Village features 93 lots.

PSWA and Figure Four are affiliates of Perry Homes. Perry Homes is a Houston-based home development company that has built homes in subdivisions across the region, including The Groves in Atascocita. Rebel Contractors was hired as a contractor for the Woodridge Village development.

Attorneys representing the Elm Grove residents, Omar Chawdhary from the Webster Law Firm and Kimberley Spurlock from Spurlock & Associates, P.C., filed the lawsuit on behalf of the residents in May, alleging the developers and the contractor were negligent and violated the Texas Water Code.

According to the lawsuit, before the May 7 rain event, the Elm Grove community never flooded, even during Harvey.

The lawsuit says the “defendants trenched out certain areas and added box culverts in an attempt to create drainage for the development. (The) defendants also filled in existing creeks and drainage channels while developing the land. In doing so, (the) defendants completely blocked the waterflow from the existing water channels — ridding Elm Grove of proper drainage.”

Elm Grove residents say the water that was drained from the development went directly into Elm Grove streets and into their homes.

The residents’ attorneys also contend the defendants violated Texas Water Code 11.086, which states that “No person may divert or impound the natural flow of surface waters in this state, or permit a diversion or impounding by him to continue, in a manner that damages the property of another by the overflow of the water diverted or impounded.”

‘Act of God’

Attorneys from Gray Reed & McGraw, the firm representing PSWA and Figure Four and attorneys from Brothers Alvarado, which is representing Rebel Contractors, Inc. have filed counterclaims stating they are not at fault for the flooding.

The developer and contractor claim that the damages are the result of an “Act of God” and the case should be handled in Montgomery County instead of Harris County because the defendants have not been able to confirm that the residents identified in the lawsuit live in Harris County.

The boundaries of Elm Grove and Woodridge Village straddle the boundaries of Harris and Montgomery counties, further complicating the dispute.

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Perry Homes did not answer specific questions but released a statement about the lawsuit.

“A Houston-based company, we were not immune from the impacts of Hurricane Harvey, as more than 80 of our employees and their families suffered from flooding during that event. We know all too well the trauma of that experience and were devastated to hear about the May 7 flooding in the Kingwood area — our hearts go out to all who were affected.”

Chawdhary said Elm Grove residents will contest the counter claims.

“The defense will have to prove their counterclaims and we are very early in the process to decide whether they have merit. At this stage, they are just allegations that defendant bears the burden to prove,” Chawdhary said in an email.

Looking to bounce back

Meanwhile, Elm Grove residents are still recovering after the the storm dropped over 10 inches of rain on the Kingwood area. Many Elm Grove homes took in more than 2 feet of water, just like Traylor.

Some residents are still repairing the damages while others are living on the second floor of their homes or living elsewhere.

“There still seems to be a lot of construction going on on our street,” Traylor said.

Traylor and her husband had to move out with their three dogs while the residence is being repaired and have been living in a hotel. They hope to move back before the end of July. Traylor said one of her dogs, a 15-year-old yellow Lab, almost drowned in the flood. Luckily their neighbors were able to rescue the dogs.

“We have three dogs and two of them we’re having to keep them in daycare throughout the day. And the other one, because of her age, I’m keeping her with me. And it’s probably going to cost her her life because she’s so stressed out,” Traylor said. “Imagine living in a hotel room with three dogs — two of which are Labs — and two are very young, and they’re used to having a backyard that they can go run and play in. Now they’re confined to a room. The mental stress alone is not easy.”

kaila.contreras@chron.com