Eligibility includes any homeowner whose home was flooded or the sewer line around the home became clogged from the storms on May 29 or June 16th of 2004. Any person whose property or belongings were damaged or destroyed is also included. Eligibility also extends to people who had to pay for clean up expenses.

The case cannot move forward until the court certifies the case as a class action. Once the court acknowledges the class action status, notices will be published and mailed out, giving anyone who suffered damage the opportunity to join in or opt out and take their own action against the city.

The lawsuit does not call for a specific dollar amount, but asks for compensation for damages in an amount to be proven at trial, and other damages a jury deems proper. If there is a settlement proposal, another notification will be sent to those who sign onto the class. In any case, the attorney handling the case says if any damages are awarded, those in the class could receive varied amounts because homeowners had varying degrees of damage.