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Remedies Keyed to Tabb, 8th
Aguilar v. RP MRP Washington Harbour, LLC
Citation:
98 A.3d 979 (2014)Facts
On April 18, 2011, the Potomac River flooded the Washington Harbour retail complex in Georgetown, causing ten to twelve feet of water to inundate ground-level businesses, the basement, and parking lot. Appellants were employees of various establishments at Washington Harbour who lost income ranging from hundreds to tens of thousands of dollars when their employers were forced to close temporarily or permanently. The property, purchased by appellees in June 2010, was built in 1986 with unique disappearing flood walls designed to protect against floods up to seventeen feet high. Appellants alleged that appellees had sole control over the flood walls but failed to raise them despite adequate notice from the National Weather Service flood warnings issued on April 17, 2011, and the Harper’s Ferry water gauge readings, which typically provided thirty-two to thirty-six hours’ notice. Appellants claimed the flood walls were only partially raised or not raised at all during the flood, and that had they been fully raised, the flood would have been prevented. The flood walls had been successfully raised sixty to seventy times since 1986 without such a failure occurring.
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