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KCK residents’ lawsuit claims negligence caused flooding, property damage in 2017

Residents of the Argentine neighborhood in Kansas City, Kansas, say their homes were flooded due to a clogged drainage creek. This Google Maps satellite image was taken of the neighborhood in June 2011.
Residents of the Argentine neighborhood in Kansas City, Kansas, say their homes were flooded due to a clogged drainage creek. This Google Maps satellite image was taken of the neighborhood in June 2011. Google Maps

Residents of the Argentine neighborhood in Kansas City, Kansas, say negligence on the part of the Unified Government of Wyandotte County and Kansas City, Kansas, and a group of companies that own property near the neighborhood caused flooding and property damage throughout the neighborhood.

A class action lawsuit filed last week says the companies, which worked on land near the neighborhood in the summer of 2017, left debris in a drainage creek about a quarter mile west of the neighborhood around 42nd Street and Swartz Road in Kansas City, Kansas.

As a result of the clogged creek, the lawsuit says, the neighborhood saw significant flooding problems and property damage throughout the summer.

Following complaints, the suit says, debris was ultimately cleared from the creek.

The suit claims trespassing, public and private nuisance and negligence against all defendants. It claims inverse condemnation against the Unified Government and BSNF Railway Company for inverse condemnation.

The companies listed as defendants are BSNF Railway, Miles Leasing, Terminal Consolidation Company, Amino Brothers Company and an unknown construction company.

BSNF denied their involvement in the flooding.

“BNSF Railway is a strong partner in the Argentine community and based on our ongoing investigation we have found no indication the railroad is responsible for the flooding,” said Andy Williams a spokesman for the company.

Amino Brothers declined to comment.

The Unified Government, which the lawsuit says was negligent in overseeing operations and providing permits to the companies, declined to comment on the pending suit.

Miles Leasing and Terminal Consolidation Company did not respond to the Star’s request for comment in time for publication.

Katie Bernard covers Kansas crime, cops and courts for the Kansas City Star. She joined the Star in May of 2019. Katie studied journalism and political science at the University of Kansas.
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