KINGWOOD, Texas – Victims of a May flood event in Kingwood filed a lawsuit against a homebuilder, claiming they were responsible for the flood.
Kingwood resident Kelly Guy said the May 7 flooding had damaged sentimental items she had held on to for years.
“We had two to three foot of water in our house. We had to be rescued by the fire department,” said Guy.
And while Guy was trapped in her home, her neighbor Nancy Vera couldn’t get to her home because of the high water on her street.
“We lost everything downstairs. We got over approximately 2 feet of water,” said Vera.
Guy and Vera said their homes never flooded before, even during Hurricane Harvey. But on May 7, their homes took on water within 45 minutes. They say it was caused by negligence on the part of the developer Figure Four Partners.
“When they ripped out every tree and the natural drainage that was already there they didn't put any protection for us,” said Vera.
Figure Four Partners is facing a lawsuit involving 200 homeowners who say the developer blocked the Elm Grove subdivision drainage system, which violated the Texas Water Code.
Kimberley Spurlock is one of the lawyers representing the homeowners.
“When the rain came in on May 7th, there was nowhere for the water to go. They put in a culvert that blocked the drainage and that backed into the development, and when it had nowhere to go it rushed down the streets,” said Spurlock.
Figure Four Partners is countersuing the homeowners, claiming they didn’t violate the Texas Water Code and that the residents should pay the developer's attorney's fees.
Vera and Guy had already paid enough.
“We had to stay in a hotel for two and a half months, and that was $5,000,” said Guy.
“Developers need to be held accountable for their actions for what they do. You need to pay attention to exiting people around,” Vera said.
Perry Homes, the parent company of Figure Four Partners, didn’t comment on the lawsuit and released the following statement:
"Being a family-owned company with over 50 years of experience, Perry Homes has built our reputation as one of the most trusted home builders in Texas by providing exceptional customer service and developing quality neighborhoods for our homeowners. Giving back is a core value and speaks to who we are as a company. Our employees and their families are part of the fabric of the communities in which we build. We strive to do things the right way.
"A Houston-based company, we were not immune from the impacts of Hurricane Harvey, as more than 50 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 7th flooding in the Kingwood area – our hearts go out to all who were affected."