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RODMAN v. CITY OF WABASH

No. 4-1085A300.

497 N.E.2d 234 (1986)

Gareth RODMAN and Louise Rodman, Appellants (Plaintiffs below), v. The CITY OF WABASH and the Municipal Works Board of the City of Wabash, Appellees (Defendants below).

Court of Appeals of Indiana, Fourth District.

Rehearing Denied November 12, 1986.

Attorney(s) appearing for the Case

John Johnston, Johnston Lehman & Guenin, Wabash, for appellants.

Robert E. Magley, Wabash, for appellees.

MILLER, Judge.

Gareth and Louise Rodman filed negligence, contract, nuisance, and inverse condemnation causes of action against the City of Wabash (City) and the Municipal Works Board of the City of Wabash (Board) for injuries sustained as a result of repeated raw sewage back up into the Rodmans' basement from the city-owned and maintained sanitary and storm sewer system. The defendants filed a motion for summary judgment which was granted by the trial court on grounds...

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