Flood victims have filed a class action lawsuit against the city alleging negligence in failing to properly prepare for storm damage. The lawsuit was filed against the city of Alamogordo, the Otero County Commission, Bobby Martinez, and Molzen-Corbin & Associates on behalf of all those whose property was damaged by Marble Canyon flood waters in the summer of 2006.
The class action claims the defendants caused or contributed to the nuisance, defined as "a trespass of rock, sand, aggregate and surface water upon Alamogordo residents' property." The suit alleges property damage is all but condemned and unusable by the owner.
The complaint also claims Molzen-Corbin & Associates designed a bridge that was installed just prior to the floods of 2006, which negligently reduced the size of the culvert and contributed to flooding. It further claims Bobby Martinez built the culvert across Marble Canyon and that the county approved the construction without requiring any engineering studies concerning its impact.
