Ind. Appeals Court Keeps Public Sewer Action Alive

Law360, New York (March 8, 2011, 7:35 PM EST) -- An Indiana appeals court on Tuesday affirmed the denial of summary judgment to a town facing a citizen class action alleging it negligently operated a public sanitary sewer system, eventually causing sewage to back up into residents' homes.

Remanding the dispute for trial, the Court of Appeals of Indiana found that Highland, Ind., and the Highland Sanitary District failed to show they were immune from liability under the state's Tort Claims Act or that they didn't breach any duty to the homeowners or proximately cause the...
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