Court Rules in Favor of Houston Homeowners in Harvey Flooding Case

Dec 24, 2025, 2:27 AM

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A significant legal victory has been achieved for homeowners in Houston who suffered flooding during Hurricane Harvey, as the US Court of Appeals has ruled in their favor. This decision marks a pivotal moment in a lengthy legal battle that has persisted for eight years since the devastating storm struck Texas in 2017.

The case centers around the flooding of properties located near the Barker Reservoir, where many homeowners, including Catherine Popovici, experienced severe water damage. Popovici recounted her harrowing experience, stating, "We were trapped in our house," as floodwaters rose unexpectedly even after the rain had stopped.

The court's ruling determined that the US Army Corps of Engineers, responsible for the construction and management of the reservoir, had effectively taken the homeowners' property by allowing it to flood. The court stated, "We hold that the flooding of Plaintiff's properties gave rise to a permanent taking," indicating that the government must provide just compensation under the Fifth Amendment.

The ruling is particularly significant as it could influence numerous other cases involving homeowners who experienced flooding due to the Army Corps' management of the reservoirs. Attorney Daniel Charest, representing the plaintiffs, emphasized the broader implications of the decision, noting that it could affect thousands of other affected homeowners who were unaware of the risks associated with living near the reservoir.

The court's decision comes after a series of legal challenges faced by the Army Corps, which had previously argued that it was immune from liability under the Flood Control Act of 1928. However, the appeals court rejected this argument, stating that the government cannot evade responsibility for its flood control measures that resulted in property damage.

During the trial, it was revealed that many homeowners had to evacuate their properties by boat, with some suffering damages amounting to hundreds of thousands of dollars. The court's ruling not only acknowledges the suffering of these homeowners but also highlights the government's long-standing knowledge of the potential for flooding in the area, dating back to the 1970s.

The implications of this ruling extend beyond the immediate plaintiffs, as it sets a precedent for future claims against the government regarding flood control measures. Charest noted that the damages sought could exceed $1 billion, encompassing not only property damage but also lost property value and displacement costs.

As the legal proceedings continue, the US Department of Justice has yet to respond to inquiries regarding the ruling and potential next steps. The outcome of this case could reshape the landscape of liability for federal flood control efforts, particularly in light of increasing climate-related flooding events.

In conclusion, the US Appeals Court's ruling in favor of Houston homeowners represents a significant step towards accountability for government actions that have led to devastating flooding. As the legal battles continue, the focus will remain on ensuring that affected homeowners receive the compensation they deserve for their losses.

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