City, Homes by Guardian face lawsuit for Thomas Heights flooding problems
Jul. 25—CHEYENNE — After five years of petitioning for a solution to their flooding problems caused by the Thomas Heights subdivision, four residents filed a lawsuit July 6 in Laramie County District Court against both the city and Homes by Guardian.
Dean and Jayne Fertig and Rodney and Joyce Stone, who have led the charge of residents in the area over the last few years and are being represented by Bruce Asay, are seeking "just compensation for the forced destruction of their property and injury to themselves caused by the defendants."
The residents near Summit Drive have consistently voiced their struggles, yet their flooding issues and worries, which began with the construction of the city-approved Thomas Heights subdivision, have continued.
"The plaintiffs had met repeatedly with representatives from the city, the county and Guardian, and yet no specific remedial action was taken," the lawsuit states. "In fact, the representatives seem to point the finger at each other, rather than taking any responsibility."
While Mayor Patrick Collins began working toward a solution when he took office in January, the action didn't come soon enough for the affected residents. The lawsuit said time is running out for the plaintiffs, who wanted to enjoy peaceful retirements in their modest county homes.
Instead, the Fertigs are facing health concerns due to mold in the crawlspace from water and feces from flooded septic systems, the lawsuit states. The Stones have a barricade of sandbags around their property, hoping to mitigate the damage of floodwaters when there's a significant storm.
Both couples described the deep sense of worry that sets in when they see storm clouds in the distance.
Further, the lawsuit states, "Mr. Fertig, who is 82, speculates that the defendants are simply waiting for him to pass away so that his claims will die with him."
The Summit Drive residents' idea that the flooding increase stemmed from the Thomas Heights subdivision was proven accurate in a city-funded study that cost $26,700 and was completed in August 2019.
The report from Utah-based Hansen, Allen and Luce summarized the drainage deficiencies associated with the development project and recommended solutions for the flooding issues.
But since no action has yet to be taken, the plaintiffs are seeking:
Past wages and benefits, future losses, emotional pain and suffering, inconvenience, physical and bodily harm, mental suffering, loss of enjoyable life and pre-judgment interest, all due to defendants' interference with the Plaintiffs' constitutional rights and civil rights as guaranteed by the Wyoming and United States constitutions
Punitive damages
Plaintiffs' costs and reasonable attorney's fees
Other relief as the court deems just and equitable
The city and Homes by Guardian will have a chance to respond to the lawsuit, though the Stones and Fertigs have requested a jury trial.
In his latest Mayor's Minute column this week, Mayor Collins said city officials continue to meet with key players, "but so much more work needs to be done to solve the problem."
"I am committed to fixing the flooding in the area," he wrote.
Margaret Austin is the Wyoming Tribune Eagle's local government reporter. She can be reached at maustin@wyomingnews.com or 307-633-3152. Follow her on Twitter at @MargaretMAustin.
