Summary Judgment in Claim Alleging Inverse Condemnation

Shareholders Gerry Fagan and Afton Ball successfully convinced a State District Court on September 29, 2020, to dismiss a claim for inverse condemnation against the City of Billings. The plaintiffs were attempting to create new law recognizing such a claim, arguing that a “backup” into the basement of a home of raw sewage from a City sewer main constituted inverse condemnation because the City had designed and constructed the sewer disposal system and there were “inevitably” a few such backups every year. The District Court rejected their theory. Plaintiffs are expected to appeal.

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