CORVALLIS, Ore. — A jury has ruled that Benton County does not have to compensate a couple who lost their Corvallis-area home to a landslide.
The lawsuit filed by Bob and Gayna Flake claimed their loss constituted an “inverse condemnation” by Benton County because the county-maintained drainage system diverted runoff onto their Vineyard Mountain property.
The home was knocked off its foundations during heavy rains in January 2012. The Flakes got no money from their insurance company because damage from earth movement is not covered by the policy. They sought $885,000 from the county, the estimated value of the house and its contents.
“We were shocked” by the losing verdict, Gayna Flake said Wednesday. “It was devastating.”
The couple has yet to decide whether to appeal, said their attorney, Joel P. Leonard, of Portland. They have 30 days from the time the court judgment is entered, which is expected to happen next week.