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Tuesday, April 24, 2018

City Not Liable for Flooding on Residents' Property

In a recent unpublished opinion, an Illinois appellate court ruled in favor of a municipality in a lawsuit filed by residents who claimed the City was liable for flooding on the residents' property. Adcock v. City of O'Fallon, 2018 IL App (5th) 160435-U.

The Adcocks sued the City and the developer of land near their property claiming both were responsible for flooding on their property. The City filed a motion to dismiss the case, arguing that the City was not responsible because (1) it had no duty to inspect or maintain the private drainage system; (2) it did not create the flooding; and (3) the City is not liable for stormwater diverted by the developer of neighboring property. The circuit court agreed, and dismissed the case against the City, and the Adcocks appealed.

The appellate court rejected the Adcocks' argument that the City should be responsible for the damages that allegedly resulted from the diversion of stormwater from the nearby development. Importantly, the appellate court noted that the City did not create the nuisance - that was the developer's action in building its condominium development on nearby property, and that party had already settled its claims with the Adcocks for a full release. There was no evidence to convince the appellate court that the City should be responsible for fixing the plaintiffs' flooding issues.

Post Authored by Julie Tappendorf


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