News Summary
The City of Columbia has been ordered to pay over $5 million in damages to the former owners of Constan Car Wash due to flooding issues exacerbated by city actions. Judge Robert Hood ruled in favor of Chip Smith, awarding him $4.2 million plus interest for the emotional distress and loss stemming from the car wash’s closure in 2022. This landmark decision reflects ongoing property rights and city responsibilities regarding flooding management in the Five Points neighborhood.
Columbia – In a significant legal decision, the City of Columbia has been ordered to pay over $5 million in damages to the former owners of Constan Car Wash following a ruling by a district judge. This landmark decision reflects the ongoing issues of flooding in the area and the impact it had on a business that served the community for decades.
The ruling was made by Judge Robert Hood, who awarded Chip Smith, a third-generation owner of the car wash, $4.2 million in damages along with interest dating back to March 2021, ultimately bringing the total judgment to $5.54 million. The judgment comes after Smith’s car wash, which operated from 1949 until its closure in 2022, faced persistent flood damage exacerbated by actions taken by the city.
Smith testified about the emotional distress stemming from the deterioration of his family business. In a bid to combat the flooding, he invested in building a flood-diverting wall, which received city approval in 2018 with engineering assistance from Dan Creed. However, the city later deemed the wall unsafe, claiming it obstructed motorists on Gervais Street, leading to its destruction in March 2021. After the wall was removed, flooding issues returned, contributing to the business’s eventual closure.
In investigating the ownership of the land, it was established that the area where Smith constructed the wall actually belonged to the Norfolk Southern Railway Company, as revealed by an 1874 deed. A real estate appraisal conducted after the wall’s removal showed that the value of the car wash property plummeted from $4.6 million to approximately $400,000.
The City of Columbia is required to satisfy the judgment amount within 20 days. Smith’s attorney remarked that the case reinforces the rights of property owners, insisting that government entities cannot strip private property without offering equitable compensation.
Constan Car Wash, named after Smith’s parents, Connie and Stanley, was not only a local business but also a cultural icon, famous for hosting a tiger cub named Happy. Its closure marks a significant moment in Columbia’s history, reflecting broader challenges regarding business sustainability in the face of environmental concerns.
Currently, plans are underway by the City of Columbia to convert the site of the former car wash into a flood control detention pond, demonstrating a commitment to address the ongoing flooding issues prevalent within the Five Points neighborhood. Although the city had previously shown interest in acquiring the property, it ultimately chose to no longer pursue that option.
This decision follows a trend in local government acknowledging long-standing flooding issues and actively seeking solutions to better manage stormwater. The case illustrates the delicate balance between urban development, property rights, and environmental management, serving as a pivotal example for future cases involving city regulations and property ownership rights.
Columbia residents and stakeholders will undoubtedly be watching how the city addresses the ruling and navigates the current flooding challenges that continue to plague the community. As discussions continue, the fate of the former Constan Car Wash site remains a focal point of interest as it transitions toward a solution aimed at better flood management.
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Additional Resources
- WLTX
- Wikipedia: Flood
- The State
- Google Search: Columbia flood management
- Post and Courier
- Google Scholar: Columbia flooding lawsuit
- The State (Local News)
- Encyclopedia Britannica: Flood Control
- WIS News
- Google News: Columbia flooding
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