McAlister v. Director, Federal Emergency Management Agency

FINDINGS OF FACT AND CONCLUSION

HOLDEN, Chief Judge.

The plaintiff, James McAlister, brought this action under the National Flood Insurance Act, 42 U.S.C. § 4001 et seq. He seeks to recover under a “Standard Flood Insurance Policy” issued under the Act and administered by the Federal Emergency Management Agency (FEMA). The plaintiff claims that in May, 1978, the Whetstone Brook, in Brattleboro, Vermont, flooded, causing a portion of a building he owned abutting the brook bank to subside into the brook. FEMA refused to pay the plaintiff’s claim under the policy, contending that the damage to…