Orcutt residents whose homes were damaged when a stormwater retention basin failed in early 2023 have sued Santa Barbara County, which filed its own legal action blaming an ag company’s hoop houses.

The 15 plaintiffs lived on or owned property on Parkland Drive, Hibiscus Court and Country Hill Road on Jan. 9, 2023, when a stormwater retention basin at the southeast corner of Bradley Road and Union Valley Parkway failed. 

The lawsuit filed May 6 in Superior Court lists Santa Barbara County and up to 50 unnamed individuals as defendants.

“As a result, a massive debris flow invaded Parkland and Hibiscus…creating a raging artificial river that destroyed everything in its path,” said a civil complaint filed by Gary Ho from the Los Angeles-based law firm of Blum, Collins and Ho LLP. 

The flow slammed into the neighborhood, knocking houses off their foundations and filling homes with waist-high water and debris, the lawsuit added.

“Fearing for their lives, plaintiffs and their children evacuated with the help of firefighters. This experience traumatized them, causing mental health conditions (or exacerbating preexisting conditions) that will haunt them for years to come,” the complaint said.

In addition to a huge sinkhole on the north edge to Union Valley Parkway, water, dirt and other debris ended up in homes and streets. One house had water up to the middle of the garage.

The lawsuit makes four claims including inverse condemnation, dangerous condition of property, nuisance and trespass. 

Plaintiffs are Antoinette Whiting, Nancy Maxson, Jack Brey, Linda Brey, Eric Garcia, Nancy Garcia, Nathan Hugh, April Hugh, Olivia Lin Hugh, Robert Draper, Charlene Draper, Catherine Draper, Craig Cullen, Luke Cullen, and Cynthia Mary Green. 

They are seeking damages for loss of use and rent, loss of value, cost to stabilize and repair the properties, and other compensatory damages along with lawsuit expenses, attorneys’ fees, emotional distress and interest.

Along with a response citing 37 affirmative defenses in late June, Deputy County Counsel Christine Monroe filed a cross complaint against West Bay Company LLC.

The farming firm is registered to Stephen T.B. Miller, the current chief executive officer and president of The Thornhill Companies.

West Bay added hoop houses to ag land east of the damaged homes so the plastic shelters reduced the area of permeable surface, according to the cross complaint. 

West Bay farms on land at the northwest corner of Clark Avenue and Telephone Road with Highway 101 to the west, and generally Union Valley Parkway to the north. They also grow crops on one or more parcels at the southwest corner of Clark Avenue and Telephone Road, with Highway 101 to the west.

“Based on information and belief, West Bay failed to take reasonable and necessary mitigation actions to control or otherwise address the increased volume and velocity (of) surface water runoff, and/or debris, including but not limited to wooded materials from the agriculture operations, from the WB Property that negatively impacted drainage, capacity, and downstream conditions,” the county’s cross complaint contends.

While the county says it shouldn’t be held responsible for the debris flow, it instead contends “that such liability should be borne by West Bay as the actual and proximate cause of the injury alleged by plaintiffs.”

“Therefore, the county is entitled to complete or partial indemnity on a comparative fault basis to the extent any liability is found to exist.”

The cross complaint seeks equitable indemnity and comparative fault and/or contribution.

Specifically, the county asked for complete, or partial indemnity in the alternative, from the ag firm if plaintiffs recover any damages against the county through a judgment or settlement.

The county also asked for apportionment of fault and/or contribution from West Bay if the firm isn’t found to have complete fault and indemnity.

Additionally, the county wants the litigation and attorney costs.

West Bay had not responded to the cross complaint but is expected to file a response in the coming weeks.

A case management conference is scheduled for Sept. 9 before Judge Colleen Sterne in Santa Barbara.