MYRTLE BEACH, SC (WBTW) – Homeowners in the Carolina Forest area are suing Horry County for flood damage that occurred at their home in 2016.
The lawsuit, filed Friday, claims that the road on which the home is located was not properly built to withstand floodwaters and was a direct cause of damage to the home and personal property of the plaintiffs. The plaintiffs were either residents or owners of 120 Bellegrove Drive in Myrtle Beach at the time the flooding occurred, on or about October 8, 2016, the lawsuit states.
The homeowners claim that “officers, agents, and employees of Horry County were aware that the road owned and operated by Horry County had not been properly built so that floodwaters flowed overtop the roads” near the Carolina Forest home.
The lawsuit notes that the director of Horry County’s stormwater department, Tom Garigen, told media outlets that the pipes were not big enough to handle the water that wasn’t meant to flow through the neighborhood. In addition, the lawsuit claims that Garigen said there were “beaver dams blocking the flow of water near International Drive and Highway 22.” Lastly, the plaintiff’s claim undersized pipes on River Oaks and International Drive, “along with roads being below grade,” cause stormwater to flood their home.
The lawsuit reasons that the county – including its officers, agents, and employees – was “negligent, reckless, and willful in one or more ways.” The lawsuit specifically notes that the county failed to inform the homeowners that the drainage wasn’t up to Horry County Stormwater ordinances and requirements, the road near their home was under grade, and the county failed to maintain a drainage system that would prevent flooding of the plaintiff’s home.
The lawsuit identifies items damaged including electronic items, clothing, furniture, kitchen utensils, towels, linens, bedding and lamps.
The plaintiffs are requesting attorney fees, breach of easement, actual damages, punitive damages, damages for nuisance and a permanent injunction requiring the county to not channel water through ditches onto or near the plaintiff’s home.
