UPDATE Posted Friday, May 16 --- 3:30pm

Bagley residents who believe a railroad company caused severe flooding in their homes last year have filed a lawsuit.

More than 200 were damaged in Bagley after heavy rains hit the area last July.

Many neighbors believe the Burlington Northern Sante Fe Railroad is partially to blame because they didn't clean up debris near their homes.

53 people are have filed a class action lawsuit against the railroad, seeking millions of dollars in damages.

Here is part of the Press Release from Kopp, McKichan, Geyer, Skemp & Stombaugh, LLP:

Today, Christopher D. Stombaugh and Tyler T. Kieler, attorneys from the Platteville Law Firm of Kopp, McKichan, Geyer, Skemp & Stombaugh, LLP, filed a class action Complaint against Burlington Northern Sante Fe Railroad and others (herein the "Railroad") seeking to recover the millions of dollars of damages lost by injured citizens of Bagley. Bagley citizens lost millions of dollars when their homes, cars and personal belongings were destroyed by the flood waters.

The Railroad failed in any way to guard or protect the Railroad Bridge Trestle from debris even though some Bagley homes and businesses were flooded by the same Railroad Bridge Trestle's blockage on at least one instance in the past twenty years.

Besides the surface water invasions, these railroad-caused floodings also resulted in sewage backups and floodings into over 200 homes when the rainfall water flooded the Bagley sanitary pumphouse, causing all sanitary pumps to shut down, resulting in sewage backups. this environmental pollution of sewage invaded about 200 Bagley residences, causing over 200 homes in Bagley to suffer sewage backups besides surface flood water invasions.

Kenneth Irish, Denise Marshall, Hollie Moore and Scott Stillwell are the citizens who, as representatives of the Plaintiff's class, seek justice for themselves, their families and their neighbors. Fifty-three persons (the four named plaintiffs along with 49 other persons) have joined together and retained Kopp, McKichan, Geyer, Skemp & Stombaugh, LLP to prosecute this action on their behalf.

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Posted July 18, 2007

The village of Bagley--located in far western Grant County--is trying to recover after at least six inches of rain fell Tuesday night into early Wednesday morning. About 400 homes are damaged.

Everywhere you go in Bagley people are talking. Many of them are also covered from head to toe in mud from a day of cleaning up. Larry Klema and his family spent Wednesday trying to pick up the mess Mother Nature left behind. "Tomorrow's going to be a long day. Lots of work to do," said Klema as he looked at his garage full of mud and lawn full of personal belongings.

The rain that made it's way into his home filled the asement. "Everything is ruined in the basement. The furnace, freezer, washer, dryer," Klema said.

At one time the Klema's had 7 feet of water in their basement. "The water was literally up to here (shows mark on side of wall). You can see the line on the clock, that's where the water was at," Larry Klema, Jr. explained.

Across town Hollie Moore and her family are at a total loss. "It was in our house about 2 foot and everything ruined. Our furniture, insulation, the place just has to be trashed," said Moore with tears in her eyes.

Moore has lived in her home for 12 years. To add to her frustration of losing her home, Moore and many of her neighbors believe the BNSF railroad is partially to blame for the flood. "When the water came down from the valley it normally would go into this culvert and empty into the Mississippi River, but due to debris in the culvert, the water had nowhere to go," explained Moore.

Moore says the railroad didn't clean up debris in the culvert prior to the recent rainfall. She took pictures of the debris. "Here you can tell too, how high it's built up," Moore said as she showed NBC 15 the pictures she'd taken.

Steve Forsberg, a BNSF Railroad Spokesperson, says crews were on site cleaning up debris after the storms. He also says it's his belief the debris came from the bluffs as the water rushed down. He says an inadequate drainage system is one of the reasons for the flood. He says the other reason is the sheer amount of rain that fell.

As railroad crews clean-up, so do homeowners. "I'm just trying to stay positive," said Moore.

Something that's hard to do when insurance won't cover their damages.
"This is one it-it really got us... We're not in a flood plain (laugh) supposedly," laughed Klema.

There are some homes in Bagley that are weekend or summer homes. Emergency workers are trying to find and notify those residents.

Grant County Emergency management says about 30 to 40 homes were significantly damaged. About 50 had a lot of water and another 250 had backed up sewage. Emergency crews spent Wednesday morning rescuing people from flooded homes, then pumping water out of homes and helping restore power. Crews are a little concerned if more rain comes Bagley's way. "The ground is very saturated here and there's a lot of people with a lot of damage that don't need anymore flooding in their homes," said Julie Loeffelholz with the Grant County Emergency Services.

The Red Cross has set-up two shelters for at least Wednesday night.
Location #1: St. Mary's Church, 311 7th St., McGregor, Iowa
Location #2: River Ridge School, 11165 County Highway P, Patch Grove, WI

Those staying at the shelters are reminded to bring blankets and pillows, personal hygiene items, essential medications, and a change of clothes. Pets are not allowed. Red Cross volunteers on-site do have information about where people can go with their pets.

Client casework and a tetanus shot clinic will be held from nine in the morning to one in the afternoon Wednesday at the Bagley Village Hall.

The Red Cross is accepting donations. You can contact your local chapter or visit: http://www.redcross.org/

There is a boil order in effect until Wednesday at 1 p.m. for those in Bagley.