ATLANTA — A federal judge ordered that the Federal Emergency Management Agency could not have an Atlanta lawsuit filed against it dismissed.
The City of Atlanta was suing FEMA to get back $1.2 million for losses sustained in flooding in 2009.
On Monday, Judge Steven D. Grimberg ordered FEMA to answer the lawsuit in court by April 14.
Then, Atlanta and FEMA will have to have a disclosure conference by April 28 and must together present a preliminary report and plan for how to submit discovery for evidence by mid-May.
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According to the lawsuit filings, Atlanta was seeking the $1.2 million as repayment for needed repairs at the Robert M. Clayton WAter Reclamation Plant and submitted the claim to FEMA.
In late 2009, FEMA approved estimated costs of $1.1 million, but did not provide the funds.
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Then, in 2010 the agency told the Georgia Emergency Management and Homeland Security Agency (GEMA) that they’d determined repair costs to be less than $37,000.
GEMA informed Atlanta of this in March 2011, and Atlanta appealed the decision soon after.
Court records show that while Atlanta moved to appeal the determination within the statutory 60 days, GEMA did not forward the appeal in time and did not notify Atlanta about FEMA’s denial.
After years of waiting on the still-pending appeal, Atlanta learned in 2014 that FEMA had issued a document for repairs less than $37,000, then the agency “deducted ‘anticipated flood insurance proceeds,’” and said Atlanta would only be able to get $200.61 back, of the requested $1.2 million.
Atlanta again appealed the decision, with GEMA delivering it to the federal agency in January 2015.
After years of continued delays and denials, Atlanta sued FEMA in May 2024, seeking a judge’s review of FEMA’s “refusal to substantively consider its appeals.”
FEMA filed in court to dismiss the case but a judge has now denied that effort, meaning the case moves forward.
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