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Summary Judgment in Sewer Backup Suit

Amy Doyle, Tim Johnson, and Andrew Goldner secured summary judgment on behalf of a municipality in a sewer backup case.  The plaintiff alleged the municipality was negligent in its design and information gathering processes leading up to the installation of new services under a nearby street.  Specifically, the plaintiff alleged the municipality failed to search for all records in each municipal department related to the subject property, and that such failure constituted a ministerial duty.  The court disagreed, finding that the information gathering and design processes executed by the municipality did not violate any ministerial duty and thus warranted immunity protection under state law.

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