The Nebraska Injury Law Report

Keating, O’Gara, Nedved & Peter won a significant case this week establishing the liability of the City of Lincoln for failing to disclose that the plaintiffs’ homes had been constructed in a floodplain.

The lawsuit was brought byTroy and Shari Stonacek, George and Lori Bristol, Brad and Jennifer Sheaff to recover damages for the decrease in the value of their homes.

In December of 1996, the Department of Building and Safety of the City of Lincoln requested the Department of Natural Resources to provide information on baseflood elevations in the Cardwell Woods Development. In response to this request, Brian Dunnigan conducted a study and provided a map and other information relating to baseflood elevations for areas within the Cardwell Woods Development.

The City failed to disclose to the plaintiffs the existence of the study or any information relating to baseflood elevations provided by the Department of Natural Resources.

As a result of the City’s failure to advise the plaintiffs of the study or the baseflood elevation information provided by the Department of Natural Resources, the Plaintiffs’ homes were not constructed above the baseflood level as required by the minimum standards issued by the Department of Natural Resources.

Gary Nedved, attorney for the homeowners, said “My clients are very pleased by the finding of Judge Burns that the City was negligent since the City had the information to prevent construction of their homes in the floodplain and did not provide this information to my clients or their contractors.”

A trial on damages will be conducted in January, 2008.