Lane & Waterman partner Jason J. O’Rourke defended the City of Davenport on an appeal of the Scott County District Court’s ruling dismissing nuisance claims filed by certain homeowners who experienced sewer backups into their homes. The District Court previously granted the City’s summary judgment motion, dismissing the nuisance claims. The homeowners’ negligence claims proceeded to trial, and the jury returned a verdict in favor of the City. Thereafter, the homeowners appealed only the decision dismissing their nuisance claims. The Iowa Court of Appeals heard oral arguments in Davenport, Iowa on May 4, 2016, and issued an opinion today affirming the District Court’s decision.
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