20 families sue over Bastrop wildfire

BASTROP COUNTY, Texas (KXAN) - A total of 20 families have joined a lawsuit, seeking $8 million in restitution after last year's massive Bastrop County fire, blaming negligence for the destruction of their property.

The massive Bastrop County grass fire consumed 26 homes, 20 businesses and 44 outbuildings along nearly 1,500 acres of land in Bastrop and Smithville in February 2009. The lawsuit blames Bluebonnet Electric Cooperative and Camp Wilderness Ridge for the losses.

The fire started when a large tree fell on a power line, causing a huge wildfire that took a week to put out. Now those who lost everything say they had no choice but to file suit.

Jim and Genie Cook said they lost nearly $1 million in property in late February.

"We had a home that was totally paid for,” said Genie Cook. “We had 44 years worth of stuff in there, and now we have nothing."

The couple,w ho also ran an engine rebuilding business out of their Smithville home, had to get a loan to rebuild. They said at first they tried to work with the companies.

"They wouldn't talk to us,” said Jim Cook. They just flat out wouldn’t talk to us."

The lawsuit claims that Bluebonnet was negligent in removing and trimming trees to keep the easement clear where the fire ignited. It also alleges Camp Wilderness Ridge, which owns some of the land, should have required Bluebonnet keep the easement clear. The children's recreation camp filed a denial with the court, saying they want the jury to consider whether the plaintiffs' failed to maintain fire barriers. Bluebonnet also denies any responsibility.

Each of the trees on Cooks' 10 acres is going to cost between $40 and $60 to remove and replace.

"When we found out how much it was going to cost to cut down all the trees and replace them and we found out what really happened it was like, "This wasn't our fault.,” explains Genie Cook.

So the Cooks said it was not hard to join 19 others in filing suit.

"If they will help us with the trees if they will help us with getting this area to some semblance of... Look outside-- it's been a year and it still looks devastated,” said Genie Cook.

Will Holford, Bluebonnet spokesman, said the electric co-op was not at fault for the fire. The electric co-op denies that it was negligent in any way and had thoroughly investigated the fire's cause. The trees that fell and caused the fire, Holford said, were outside the easement controlled by Bluebonnet.