Dye v. Division of Highways

Claimants brought this action for flood damage to their real property which they allege was caused by Respondent’s negligent maintenance of the drainage system adjacent to Claimants’ properly. Claimants’ property is located on Country Route 24, locally designated Seng Creek Road, in Whitesville, Boone County. County Route 24 is a public road maintained by the Respondent. Upon consideration of all the evidence presented at hearing, the Court is of the opinion to deny this claim for the reasons stated more fully below.

In 1984, Claimants purchased a vacant lot adjacent to Route 24 in Boone…