Henderson settles lawsuit with homeowners over ‘severe flooding’

The Henderson City Council on Tuesday approved a settlement of more than $3 million in a class action lawsuit brought by a group of homeowners against the city and the city’s contractor after they said construction work caused their homes to flood.

Nineteen Whitney Ranch homeowners filed the lawsuit against the city in 2022. They claimed that the city and its contractor, Harber Company, were negligent during a construction project named the Whitney Ranch Channel Replacement Project.

Seven of the homeowners claimed that their homes sustained “severe flooding” as a result of the construction, according to the complaint. Twelve other homeowners claimed to have suffered demolition and construction damages, including cracked and displaced walls on their property.

City Council members unanimously approved the settlement agreement .

Whitney Ranch is a neighborhood in east Henderson near Interstate 11 and Warm Springs Road.

The homeowners alleged that the city was negligent in its inspection and contracting for demolition, according to the complaint.

City doesn’t admit liability

As part of the settlement, Henderson did not admit liability.

“The City is not in agreement with the allegations and claims asserted by the plaintiffs in the lawsuit,” said the city in a statement to the Review-Journal.

“Due to the inherent risks of litigation, and after working with the City’s contractor, a settlement was reached that the City believes is in the best interest,” the statement read.

Attorneys for the homeowners had yet to respond to request for comment.

The project planned to remove a concrete lined storm drainage channel. The channel was to be replaced with concrete box culverts, according to a March 2022 notice of construction from the city.

The lawsuit was filed in District Court on Sept. 26, 2022. Homeowners sought compensation for out-of-pocket costs and attorney fees.

During the project, the homeowners claimed that Harber Company blocked the existing flood control channel with a makeshift dam. This was done in an attempt to keep the channel dry during the course of Harber’s work in monsoon season, the complaint said.

However, the makeshift dam dramatically reduced the channel’s ability to carry away stormwater, the complaint alleged.

Rising flood waters

On July 27, 2022, homeowners alerted the city to rising flood waters, the complaint stated.

The city’s inspectors only observed that the storm drains were functioning properly. The homeowners claimed that the inspectors failed to inspect the flood control channel. Henderson denied “having a duty to inspect” and a “duty to discover any alleged hazard,” in its response to the complaint.

Later that evening, the homeowners claimed that the makeshift dam prevented water from being carried down the channel and away from the homeowners’ properties.

Floodwater eventually reached walls on the perimeter of their properties on the evening of July 27, 2022; homeowners claimed that their yards and their pools were damaged from floodwater.

In its response, Henderson denied that the makeshift dam Harber constructed caused the damage to homeowners’ properties.

The $3,125,000 settlement will be paid out by Harber Company’s insurance carriers.

Contact Annie Vong at avong@reviewjournal.com. Follow @annievwrites on X.