Wittman v. City of Billings
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The Supreme Court affirmed the order of the district court denying Appellants' motion for partial summary judgment and dismissing their inverse condemnation claim against the City of Billings, holding that the district court did not err.
Appellants, who owned and resided in a home within the City limits, brought this action seeking to recover damages when 1,000 gallons of raw sewage backed up into their basement. The district court dismissed Appellants' sole claim of inverse condemnation because they did not establish that their damage was caused by the deliberate actions of the City. The Supreme Court affirmed, holding that Appellants failed to establish that the sewer backup was a constitutional damages of their basement for public use, and thus, a condemnation.
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