QUESTION
What can be done about a county park flooding?
Asked on Jan 29th, 2013 on Personal Injury - New York
More details to this question:
My neighbors and I live on the border of a county park. The brooks and creeks from the park are so heavily laden with silt and sediment that they flood our street and many of our homes. The ground is so eroded that many trees have uprooted and ready to fall. We have been to township and county meetings and have received empathy but no results. All we hear is permits from this department and that department are required and that "we" have no control over it. We are just work-a-day folks, most have lived in the neighborhood for 30+ years. Our homes are not just places where we live but a means of paying for our kid’s education and assisting in our financial security when we retire. Can anyone help us.
6 ANSWERS
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Flooding is maybe Gods work and it may be a problem with no easy answer. Sounds like you have a political problem. Cant you band together sand hire you a lawyer to investigate the possibilities.
Answered on Feb 01st, 2013 at 6:49 PM
Ronald A. Steinberg
In Michigan, there is case law supporting a claim for nuisance. Get a municipal lawyer.
Answered on Feb 01st, 2013 at 10:42 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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In my be possible for you and your neighbors to form a group to bring an action seeking to have this "nuisance" abated or controlled. This would be a fact driven situation and without a full exposition is impossible to form an opinion at this point as to your probability of success.
Answered on Feb 01st, 2013 at 5:30 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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This is really more of a political issue than anything else. I could make some political commentary, but that would probably be edited out, unlike many of the comments of my fellow contributors to this site. You and your neighbors must continue being the "squeeky wheel". Bring public pressure to bear with blogs and letters to the local newspaper. Keep going to those public meetings. Schedule office meetings with any public official you can get to, elected or appointed. Run for office yourself.
Answered on Jan 31st, 2013 at 2:08 PM
You can sue the County for your damages and to force it to remedy the situation. As a group of homeowners you could band together and split the attorney's fees unless you can find a lawyer who would take the case on a contingency basis.
Answered on Jan 31st, 2013 at 2:08 PM
James Eugene Hasser
If you can show that the County was on notice of the problem and has failed to take measures to prevent the flooding from occurring, then you may have a case. You would probably need to organize the neighborhood and elect a representative to look for a lawyer that has successfully handled flood cases against government entities. These can be tricky cases.
Answered on Jan 31st, 2013 at 2:08 PM