The 52 families - 51 from Austell and 1 from Hiram - have each sent identical demand letters to the Marietta City Council through their attorney, Donald Stack of Atlanta-based Stack and Associates, stating, "The city has been and continues to be negligent in the performance of its ministerial duties. The city has illegally changed and permitted the change of flood plains and drained elevations, causing and contributing to our clients' damage and injury."
Stack writes in his March 18 demand letters that his clients have each suffered damages exceeding $55,000 to their property, as well as significant personal suffering. The letter demands compensation or threatens a lawsuit against the city.
City attorney Doug Haynie said if the council denies the claims at tonight's meeting, as it is expected to do, he will respond to Stack, denying his claims.
"Liability of the city of Marietta, in my opinion, is too remote and is not related to the damages if any suffered in the city of Austell. These floods were an act of nature and, in my opinion, had nothing to do with the city of Marietta," Haynie said.
As for claims that the city has changed the flood plain lines, Haynie said those are established by the federal government.
City Councilman Johnny Sinclair said he will be voting to deny the claim at tonight's meeting.
"I feel really sorry for what happened to those people, but it's not the citizens of Marietta's fault," Sinclair said. "Marietta's been here for 175 years. What happened to those people was an act of God."
Austell Mayor Joe Jerkins said the homeowners have also filed claims against his city and the city of Powder Springs.
"We had 21 inches of rain that created the flood. Now if they don't have sense enough to know that, then they got a problem," Jerkins said.
Jerkins said his city denied the claims three weeks ago.
"They're just trying figure a way to get money," he said. "You know how lawyers are. I feel like they're wasting their time and money on this. We've done nothing wrong."
Calls to Stack went unreturned by press time Tuesday.
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Actually, professor, the government isn't responsible for lands and development they don't own. What are they supposed to do, refuse all permits and be sued by every developer who wants to build a subdivision, or every homeowner who wants to build a patio in his back yard? It's the owners of the properties who are liable for the excess runoff their properties create.
Now, I'll sit down and be quiet while you finish your lecture.
This time it's rain.
From now on, building permits should only be issued for mountain top properties, and carry disclaimers for lightning strikes.