Van Winkle • Baten Dispute Resolution

The plaintiff’s home is built in a subdivision located in a marginal flood area. The home floods twice in a six-month period. Insurance has fully covered the two losses prior to the mediation. The surveyor is sued for negligence. The developer is sued for fraud in the inducement concerning the lot sale. The broker is sued for non-disclosure. The original developer offered to purchase the house from plaintiff and perform the rather minimal site work they alleged would make the property flood resistant. The other parties make financial contributions to the developer to defray the redevelopment costs.