The five homeowners suing the Sewerage & Water Board are headed to mediation, which will delay the pending trial for at least a week while the two sides try to work out their differences outside of the courtroom.  The lawsuit arose from an issue with the Uptown drainage project.  The agreement to attempt mediation comes less than a week after five businesses agreed to settle for more than $2 million in damages related to what the utility had done.

More than 300 residents and businesses have been affected by what the utility has done.  All have been consolidated into a single suit that was filed in 2015.  The Sewerage & Water Board is responsible for any damage caused to properties by the work done by the US Army Corps of Engineers contractors.  The group is working on the Southeast Louisiana Urban Flood Control Project, which is a massive regional drainage improvement.  The project has been underway since 1996.

According to the agreement between the Board and the Corps of Engineers, the federal agency has been absolved of any legal liability for property damage and the Board is responsible should any occur.  The Board has tried to blame the contractors and hold them accountable, but its efforts have failed in federal court.

The legal team for the Sewerage & Water Board alsoargued any damage to the property in question might have occurred prior to the start of the project.

The case has been winding its way through both state and federal court systems for years, from Orleans Civil District Court up to federal court and back.  There have been several hearings that provided residents an opportunity to sound off on the damage.