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CITY OF TORRINGTON v. COTTIER

No. 05-267.

145 P.3d 1274 (2006)

2006 WY 145

CITY OF TORRINGTON, Appellant (Defendant), v. Bob COTTIER, Appellee (Plaintiff).

Supreme Court of Wyoming.

November 9, 2006.

Attorney(s) appearing for the Case

Representing Appellant: Loyd E. Smith, of Murane & Bostwick, Cheyenne, Wyoming.

Representing Appellee: Michael E. Warren, of Sawyer & Warren, P.C., Torrington, Wyoming.

Before VOIGT, C.J., and GOLDEN, HILL, KITE, and BURKE, JJ.

BURKE, Justice.

[¶ 1] Mr. Cottier obtained a judgment against the City of Torrington ("City") after his rental property was damaged by the backup of raw sewage. The City appeals claiming immunity under the Wyoming Governmental Claims Act. We affirm.

ISSUE

[¶ 2] The City presents one issue for review:

Whether the waiver of governmental immunity for "operation" of public utilities found in W.S. § 1-39-108(a) extends to...

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