News & Analysis as of

Sewer Systems Property Damage

Mitchell, Williams, Selig, Gates & Woodyard,...

Sewer Overflow/Takings Claim: Fulton County, Arkansas Circuit Court Action Filed Against Mammoth Springs

Edwin and Kristin Roeder (collectively, “Roeders”) filed a July 22nd Complaint against the City of Mammoth Springs, Arkansas in the Circuit Court of Fulton County, Arkansas pursuing a damage claim. The Complaint alleges...more

Nossaman LLP

Regarding landslide liability, the Court is not interested in the “Chicken or Egg” debate

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With the frequency of wildfires and flooding, landslides are becoming more frequent throughout California.  When public agencies have water pipelines located in hillsides, the situation presents the classic “chicken or egg”...more

White and Williams LLP

California Clarifies Its Inverse Condemnation Standard

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In City of Oroville v. Superior Court, 446 P.3d 304 (Cal. 2019), the Supreme Court of California considered whether the City of Oroville (City) was liable to a dental practice for inverse condemnation damages associated with...more

Nossaman LLP

California Supreme Court Provides Rare Update on Inverse Condemnation Doctrine

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On August 15, 2019, the California Supreme Court (“Supreme Court”) issued its first inverse condemnation opinion in more than 22 years in the case City of Oroville v. Superior Court of Butte County, Case No. S243247...more

Nossaman LLP

California Supreme Court Hears First Inverse Condemnation Case in Years

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On June 5, 2019, the California Supreme Court (“Court”) heard oral argument in the case City of Oroville v. Superior Court of Butte County, Case No. S243247 (“Oroville Case”). This case is notable because it is the first time...more

Miller Starr Regalia

“If A Tree Falls In The Forest . . .”: If A Tenant Has Yet To Be Evicted, Do They Still Possess The Premises?

Miller Starr Regalia on

[author: Jana Contreras] “If a tree falls in the forest with no ears to hear does it make a sound?” While the answer to that riddle still remains elusive to many, a recent California court of appeal decision did succeed in...more

McGuireWoods Consulting

NC Politics in the News - October 2018

McGuireWoods Consulting on

Education - WRAL NEWS: For NC schools, Florence could be 3x worse than Matthew - State education officials are still tallying up the damage to schools, but this week, the latest estimate had risen to $40 million in...more

Patton Sullivan Brodehl LLP

Commercial Landlord Not Liable to Holdover Tenant for Damages on the Leased Premises

When a commercial lease tenant experiences the joy of a sewer line backup, which causes raw sewage to flow from all of the sinks on the premises and contaminates the tenant’s business equipment, it is not shocking for the...more

Maynard Nexsen

SC Court of Appeals Rules Not Every Government Action is a Taking - Landowners may still recover damages

Maynard Nexsen on

The South Carolina Court of Appeals recently considered the appeal of Claude Graham and Vickie Graham against the Town of Latta, South Carolina, in the case of Graham v. Town of Latta, 789 S.E.2d 71 (S.C.Ct.App. 2016). The...more

Butler Snow LLP

In Alabama, Sewage is NOT a Pollutant Falling Within the Pollution Exclusion in a Commercial General Liability Policy

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Pollution exclusion clauses are an insurance industry staple and are often contained in commercial general liability insurance policies. While one might think that raw sewage would be considered a pollutant, under current...more

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