ENCINITAS — The city of Encinitas now faces three lawsuits from Leucadia homeowners after two more households filed claims last week, alleging the city’s mismanagement of its drainage system has caused repeated flooding of their properties.
Thaddeus Gardner and Timothy and Kerrilynn Calver, who own properties on Europa Street, filed lawsuits on Jan. 21, claiming that the city’s failure to properly maintain stormwater drainage systems has resulted in extensive property damage, loss of rental income and ongoing safety hazards.
Last January, heavy rainfall and flash floods wrought havoc in Leucadia, transforming the Europa Street alleyway into a knee-deep river of stormwater and damaging businesses and several homes, including residences owned by the Calvers and Gardner.
At the time, Gardner’s home had recently finished a three-month, $280,000 renovation after the downstairs flooded during a rainstorm the previous winter.
“It’s heartbreaking, man,” Gardner told The Coast News last year. “It makes you wonder if you want to continue living in this location.”
After submitting government claims in July and hearing nothing from the city, the Calvers and Gardner, represented by San Diego attorney John O’Brien, filed their lawsuits earlier this month, court documents show.
The lawsuits mirror an earlier complaint filed by another Europa Street homeowner, James Gates, who sued the city in September 2023 for years of flood-related damages.
The Coast News attempted multiple times to contact O’Brien but did not receive a response in time for publication. A city spokesperson said, “As this is an ongoing legal matter, the City does not have a comment at this time.”
Like Gates’ case, the Calver and Gardner lawsuits highlight the history of severe flooding in Leucadia and the city’s longstanding drainage issues, alleging that city officials ignored known flooding risks, exacerbating property losses.
In 2003, the city installed a 24-inch drainage pipe as part of the Leucadia Drainage Project. However, engineering studies indicated that a 9-foot pipe was needed to handle more significant storms.
City-commissioned hydrology studies in 2003 and ’05 by Rick Engineering found that the existing drainage infrastructure was overwhelmed during storms, and reports from engineers and a San Diego County Grand Jury in 2012 confirmed that flooding remained a persistent issue.
In 2022, another study by Q3 Consulting reiterated that the sluice gate at North Vulcan Avenue should be closed during storms to prevent overflow into low-lying residential areas.
Despite these warnings, the city has allegedly left the sluice gate open, allowing stormwater to surge into neighborhoods west of Coast Highway 101, transforming Leucadia Roadside Park and the adjacent Europa Street alleyway into a brackish stormwater lagoon.
As a solution, the city has deployed portable gas-powered pumps during significant rainstorms to redirect floodwaters away from residential properties and over the nearby seaside bluffs.
However, on multiple occasions, including Jan. 1, 2023, and Jan. 22, 2024, the pumps either failed or were not activated, leading to substantial flooding of the Gardner and Calver properties, the lawsuits claim.
Additionally, environmental advocates, including the Surfrider Foundation, have criticized the city’s pumping of untreated stormwater onto Beacon’s Beach, arguing that it contributes to ocean pollution and coastal erosion.
The complaints assert inverse condemnation (when a government agency damages private property while providing public services) and have claimed the city’s negligence and inaction over the years have created a dangerous condition of public property, which has caused a nuisance by subjecting residents to recurring flooding.
According to the complaints, floodwaters have repeatedly swamped their homes, causing damage to vehicles, valuable artwork and books, new furniture, musical equipment, clothes and other personal items. The Calvers have also lost rental income and costs to reconfigure their driveway to mitigate future flooding.
While the city has not publicly responded to the lawsuit, local elected officials have acknowledged Leucadia’s longstanding drainage issues and taken steps toward infrastructure improvements.
In early 2024, the U.S. Department of Housing and Urban Development awarded Encinitas $4 million for stormwater system upgrades, including installing a new 60-inch pipe underneath the highway to help reduce the intensity and frequency of flooding in northern Leucadia.
The grant, however, only covered a portion of the cost. In June 2024, the City Council reappropriated over $3 million from other improvement projects to complete the drainage upgrades.
The work also consists of installing a series of reinforced concrete storm drain pipes underneath the highway for additional storage capacity; catch basins and curb inlets along the roadway and at Leucadia Roadside Park; and “green street” or biofiltration elements to help filter runoff and improve water quality, according to city documents.
The Calvers and Gardner seek compensatory damages, attorney fees and other relief. A court date has not yet been set in either case.
