Judge To Advise on Flood Lawsuit

(Elko) – A $3.6-million-dollar lawsuit against the City of Elko over flooding that damaged dozens of homes and businesses in 2017 remains pending.  Southside property owners claim the city was negligent in removing flood control devices, and failed to maintain the re-channeled Humboldt River corridor after a project to relocate the railroad tracks in 1979. Flooding in February 2017 swamped private property and caused more than 850-thousand-dollars damage to city infrastructure. Some 60 litigants are seeking relief to include attorney fees and expenses.  Elko District Court Judge Alvin Kacin is considering a city-led motion to dismiss and will likely issue a written decision in early March.

Southside residents are suing the City of Elko claiming negligence dating back to 1979 with the relocation of railroad tracks that required re-channeling the Humboldt River. The river bisects the north and south sides of the city. The litigants are seeking $15,000 in relief plus recovery of attorney fees and expenses for a total of $3.6-million.

 

 Elko District Court Judge Alvin Kacin will decide if the case will proceed to a jury trial. He anticipates a written decision by early March.

 

Attorneys for the City of Elko insurance carrier (right), City Manager Curtis Calder (seated) and plaintiff attorney Denise Bradshaw appear in Elko District Court Friday. The plaintiff request for a stay on the motion to dismiss was denied. Judge Kacin is researching the city request to end the lawsuit.

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