WICHITA (CN) – FEMA abused its authority by changing its Flood Insurance Study and Flood Insurance Rate Map along the Arkansas River, Garden City and Finney County claim in Federal Court. More than 1,800 homes and 80 businesses were put into the designated flood plain.
FEMA conducted a flood hazard determination under the National Flood Insurance Act in March this year, and designated highly developed areas of Garden City and Finney County as Special Flood Areas.
The city and county say the designation – which will require the property owners to take out flood insurance, or increase the premiums they already pay – will cause severe economic harm.
The plaintiffs claim they are entitled to timely written notice from FEMA before it adopts its Flood Insurance Study and Flood Insurance Rate Map, including an explanation for the changes.
The plaintiffs also claim they are entitled to an administrative hearing before the changes take place. None of the notices they received were adequate or timely, the suit states.
The plaintiffs seek declaratory judgment and an injunction. They want FEMA ordered to redo its Flood Insurance Study and Flood Insurance Rate Map, this time with due process. They are represented by David Traster with Foulston Siefkin.