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Tucson, Arizona | Published: 09.07.2008
SCOTTSDALE — Scottsdale's decision to scrap a $100 million anti-flooding system several years ago has caused flooding problems for an office complex, a lawsuit alleges.
Scottsdale Perimeter Center's suit is seeking up to $11.3 million and is scheduled to go to trial Oct. 20 in Maricopa County Superior Court.
Defendants are the city of Scottsdale, the Arizona Department of Transportation and HDR Engineering, the Nebraska-based company that prepared Loop 101 drainage and construction plans.
The Perimeter Center is home to companies including TASER International, Meritage Homes and a Hilton Garden Inn.
Steven Hirsch, lawyer for the investment group that owns the Perimeter Center, said the city's decision to kill the Desert Greenbelt drainage project in 2000 increased the volume of floodwater the site gets during storms, while ADOT's construction of the Loop 101 freeway forced the flow into narrow channels.
Consequently, the water has gouged out new washes across about 16 acres of vacant property within the complex, rendering the land undevelopable, Hirsch said.
"There was basically nowhere else for the water to go except onto the plaintiff's property," he said.
Bruce Washburn, assistant Scottsdale city attorney, said he couldn't comment on pending litigation.
Scottsdale contends that the Perimeter Center's claims are barred by statutes of limitation and because the city possesses sovereign immunity.
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