The City of Orange is asking a state district judge to stop a developer from draining acreage from a new subdivision off FM 1130 into an existing ditch that runs behind the West Chasse subdivision. City Attorney John Cash Smith said 25 to 30 houses in West Chasse are now in danger of flooding during a heavy rain because of the changes.
128th District Judge Courtney Arkeen has set an October 6 hearing to issue a mandatory injunction against Sam Peveto, the developer of Cypress Shadows Estates to the north of West Chasse.
The Orange City Council last week after a closed-door executive session voted to file for the injunction.
Smith said the city has tried to work with Peveto to change the drainage since February. The West Chasse homeowners association brought the problem to the city’s attention in January.
In the petition for the injunction, the city says Peveto cleared 70.6 acres and added a large drainage ditch that runs perpendicular and into the canal behind the West Chasse neighborhood.
Also, the petition says Peveto widened a smaller ditch and opened a flapper valve on a pipe to allow more water to drain into the ditch.
Peveto’s land is outside the city limits but West Chasse is in the city.
The petition says the changes in drainage violate Chapter 9 of the Orange Code of Ordinances pertaining to storm water quality. The changes are because of “an unlawful and excessive release of storm water into a drainage ditch” within the city limits.
In addition, the city is seeking $50,000 in damages to cover the costs and expenses of restoring the drainage ditch to the previous condition “if the defendant is unable or refuses” to fix the problem.
-Margaret Toal, KOGT-
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