BEAUMONT - U.S. Magistrate Judge Andrew Edison has entered an order denying an attempt by the state of Texas to claim sovereign immunity in a lawsuit filed by dozens of Chambers County residents. Barring an appeal by the state, the litigation can now move forward.
The lawsuit involves allegations by the residents that the state’s design of a local highway has caused repeated flooding of thousands of acres of property, including their homes and businesses.
According to the lawsuit, the state’s decision to install a solid concrete traffic barrier in the highway’s median causes flooding on properties along the north side of I-10. While the lawsuit recognizes that the median protects driver safety, the plaintiffs point out that Texas transportation engineers elected to use a type of barrier that retains water upstream rather than letting the water flow downstream.
In the order, Judge Edison writes: "There is no doubt in my mind that Plaintiffs have plausibly stated that the State’s use of their property was more than incidental, meaning that the State has no immunity from liability. Not only have Plaintiffs alleged that the State knew or was substantially certain that the concrete barrier would cause flooding on the northside of IH-10, but they have also pointed to specific ways in which discovery might help them to prove those allegations at trial. Viewing the allegations in the light most favorable to Plaintiffs, as I must at this early stage, Plaintiffs have made a valid claim for inverse condemnation under Texas law that is plausible on its face."