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SCHOLBROCK v. CITY OF NEW HAMPTON

No. 84-1164.

368 N.W.2d 195 (1985)

Marvin SCHOLBROCK and Lorraine Scholbrock, and David Trower and Sharrol Trower, Appellants, v. CITY OF NEW HAMPTON, Iowa, Appellee.

Supreme Court of Iowa.

May 22, 1985.

Attorney(s) appearing for the Case

Frank H. Holschlag, New Hampton, for appellants.

C. Bradley Price of Devries & Scholes, Mason City, for appellee.

Considered by McCORMICK, P.J., and McGIVERIN, SCHULTZ, CARTER, and WOLLE, JJ.

WOLLE, Justice.

The plaintiffs, homeowners in the City of New Hampton, brought this law action against the city contending that they were damaged when a city sanitary sewage line backed up and discharged sewage into their basements. The trial court twice granted the city summary judgment: first, because they had not given the city notice of their tort claim; and second, because the city could not be held liable on plaintiff's theory of breach of an implied contract...

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