CLARKSVILLE, TN (CLARKSVILLE NOW) – Nineteen homeowners have filed lawsuits against Montgomery County, the City of Clarksville, and several developers, alleging that drainage failures and county pumping operations caused flooding to their homes during the April 2025 storms, particularly in the Farmington subdivision.
The lawsuits stem from the same storm that damaged more than 220 homes across Montgomery County and led local officials to declare a State of Emergency.
In one of the lawsuits, Deyuna and Kevin Bailey filed over flooding to their Veronica Court home in Farmington. They are represented by attorneys Colin B. Calhoun of Calhoun Law and M. Ben Moore II of Price, Hill Kolarich & Moore.
Their lawsuit names nine defendants: Montgomery County, the City of Clarksville, the CMC Industrial Development Board, SP International Blvd Clarksville, Kirkwood Phase II, JR Development, Farmington Homeowners Association, Ghertner & Company, and Grace Community Church of Clarksville.
During Wednesday’s IDB meeting, board attorney Matt Ellis said that the IDB had been named in 19 such lawsuits. Montgomery County Attorney Tim Harvey confirmed to Clarksville Now that the county is also listed in the 19 lawsuits.
Allegations of drainage failures, pumping into neighborhood
The Baileys allege that stormwater drainage basins surrounding the subdivision were overgrown, filled with silt and debris, and had not been maintained or inspected as required under Stormwater Maintenance Agreements. They state they “never observed any person or entity conducting inspections, performing preventative maintenance, or undertaking any other actions required under the SMA.”
They also say a February 2025 rain event caused stormwater to back up and encroach on their property, giving all defendants “actual notice” that the area was prone to flooding and that drainage infrastructure was inadequate.
A central allegation is that during the April 2025 storm, the Montgomery County Highway Department pumped stormwater from Dunlop Lane and International Boulevard into the Farmington subdivision.
A resident texted a photo showing county personnel “actively pumping stormwater into a street drain located on Juniper Pass.” In public Facebook comments, the Highway Department stated, “We have to move the water through Farmington to get it to an area where the elevation will allow the water to flow to the Red River like it’s supposed to.”
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Another resident wrote, “They are pumping into my yard!” The Highway Department responded that the hose was “emptying into the parking lot of Grace Community Church and into the retention pond behind their parking lot.”
The complaint also states that a resident warned the county that homes were already taking on water, but the Highway Department “did not respond.”
Advance flood warnings and unused mitigation plan
The lawsuit alleges that the county had several days of advance notice of heavy rainfall. On March 31, 2025, the Highway Department posted National Weather Service projections showing 6 to 8 inches of rain expected between April 2 and April 6. On April 1, the department posted a Severe Weather Outlook warning of damaging winds, hail, tornadoes and heavy rainfall.
The complaint states that on April 1, the county contacted a private engineering firm to develop a plan to divert stormwater from the drainage basins. The firm delivered the plan on April 2, but the Highway Department “elected not to implement it.”
Sewage intrusion and property damage from flood
The Baileys allege that stormwater and raw sewage entered their home. They claim the defendants “intentionally and/or negligently caused the stormwater and raw sewage to be diverted, discharged and forced onto and into the Plaintiffs’ property and home.”
The lawsuit also cites Clarksville Now coverage from April 2025 documenting sewage backups and flooding on Juniper Pass and Veronica Court, as well as a sinkhole that opened behind homes in the subdivision. The complaint references reporting that a large Industrial Development Board stormwater basin north of International Boulevard overflowed during the storm, sending water into the Dunlop Basin and toward Farmington.
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The complaint brings 12 cause of action, including nuisance, negligence, trespass and inverse condemnation. The Baileys are seeking damages for property loss and flooding, though the complaint does not list a specific amount.
County’s response: Complaint is too vague
Montgomery County has not yet responded to the allegations themselves. However, the County filed a Motion for More Definite Statement, arguing that the complaint is too vague to answer.
The County says the plaintiffs “lumped the Defendants together with categorical references to all defendants” and did not specify which defendant took which action. The motion states the complaint is “so vague or ambiguous that this defendant cannot reasonably require to frame a responsive pleading.”
The county also argues the complaint does not:
- State a specific dollar amount of damages.
- Cite the statutory basis for suing a governmental entity under the Governmental Torte Liability Act (GTLA).
- Allege that any county employee “negligently caused the plaintiff’s injuries while acting within the scope of his or her employment,” which the GTLA requires.
The motion states, “The plaintiffs’ complaint does not address any statutory basis for asserting a valid claim against a governmental entity.”
County Attorney Tim Harvey told Clarksville Now that the response to the other 18 complaints is much the same.
The county is asking the judge to require the plaintiffs to amend their complaint to include those details. A hearing on the motion is set for June 5 at 9 a.m.
Chris Smith contributed to this report.
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