SOUTHEAST TEXAS RECORD

Two Jefferson County residents claim a hotel that sits adjacent to their property has created an improper flow of water onto their land, causing the value of their property to diminish.

Jim and Donna Wade filed a lawsuit May 21 in Jefferson County District Court against Wisdom Hospitality and Level Construction.

The Wades claim the defendants began building a hotel immediately adjacent to their property in 2009, but in doing so, disrupted the natural drainage on the Wades' property.

"Defendants embarked upon the construction of the hotel without regard for the impact on drainage of surface water and in an effort to profit from such construction," the suit states.

"Plaintiffs informed Defendants that their manner of preparing the land for construction and the manner of construction was impeding the natural drainage that served Plaintiffs' property. Plaintiffs asked Defendants to consult Plaintiffs' architect regarding coordinating their drainage plan so that it would not impact Plaintiffs' property but Defendants never consulted Plaintiffs architect about this serious issue."

Instead, during the construction of the hotel, Wisdom and Level built up the surface of the adjacent property, impeding the natural flow of water and causing the water to overflow and accumulate on the Wades' property, the complaint says.

Now, the Wades say the land alteration has caused ponding or a standing water effect on their land. They also allege the defendants trespassed onto their property.

"Defendants dumped spoil from their property onto Plaintiffs' property and have refused to remove the spoil," the suit states. "Defendants have created ruts on Plaintiffs' property by driving over their property and using their property as a storage area during construction of the hotel."

Because of the defendants' actions, the Wades say they face an impediment in selling their property, have difficulty crossing their property and have diminished the appearance of their property.

The Wades seek all common law remedies, plus punitive damages, attorneys' fees, pre- and post-judgment interest, costs and other relief to which they may be entitled.

Jill S. Chatelain of McPherson, Hughes, Bradley, Wimberley, Steele and Chatelain in Port Arthur will be representing them.

The case has been assigned to Judge Bob Wortham, 58th District Court.

Jefferson County District Court case number: A186-919.