Fayetteville, NC — Residents of western Fayetteville are moving forward with their legal battle against the City of Fayetteville, as an appeals court recently allowed their lawsuit concerning the aftermath of Hurricane Matthew to proceed. The hurricane, which struck the area in 2016, severely damaged or destroyed multiple private lakes and their corresponding dams, leading to extensive property and environmental damage.
The North Carolina Court of Appeals overturned parts of a 2023 dismissal by Superior Court Judge William R. Pittman, enabling aggrieved homeowners and associations to pursue claims regarding the city’s management of stormwater through these now-damaged areas. The lawsuit claims that these lakes, which were originally built for recreation before the neighborhoods were incorporated into the city, have been utilized by the municipality to control stormwater runoff.
Lawyers representing Fayetteville have argued that the infrastructure surrounding the lakes had a minimal impact on the flooding caused by Hurricane Matthew, suggesting the dams would have failed regardless of the city’s urban development. However, an engineering study cited in the case debates this point, indicating that the city’s development contributed to the overwhelmed dams.
The court’s decision highlighted two pivotal points that needed further consideration: whether the city has been negligent in managing stormwater through the now-empty lake beds and whether this act constitutes trespassing on private property.
Judges Hunter Murphy and April Wood crafted the majority opinion, with Judge John M. Tyson concurring in part but suggesting the suit should also consider the notion of inverse condemnation. Inverse condemnation is a legal concept where the government must compensate property owners if it effectively takes or damages their property without formal expropriation.
The implications of the court’s decision may strengthen the position of residents seeking reparations and structural remedies for the lakes and dams, notably Devonwood-Loch Lomond, Upper Rayconda, and Arran Lake, which were all breached during the hurricane, as well as another nearby lake that remained intact but sustained significant damage.
As the legal proceedings garner attention, the outcome may set a precedent for how municipalities manage stormwater control in areas with private water containment structures. The ruling underscores the ongoing complexities of infrastructure management in the face of increasing storm intensities and urban development.
This case not only highlights the direct impact of climate events on community infrastructure but also poses significant questions about urban planning, environmental responsibility, and governmental accountability. The potential progression of this lawsuit to the North Carolina Supreme Court could further underscore the necessity for clear guidelines and practices in municipal management of natural disaster preventive structures.
Residents affected by the disaster hope this legal challenge will bring about not only compensation for the damages suffered but also a reevaluation of stormwater management practices to prevent future catastrophes.
The deadline for appealing the decision to the North Carolina Supreme Court is set for November 5, leaving the city and the plaintiffs a narrow window to prepare their next legal moves in this ongoing environmental and civic saga.