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CITY OF FAYETTEVILLE v. ROMINE

No. 07-1088.

284 S.W.3d 10 (2008)

CITY OF FAYETTEVILLE, David Jurgens, Mark Risk, David Fournet, Andrea Fournet, Appellants, v. Jeanny ROMINE, Appellee.

Supreme Court of Arkansas.

May 1, 2008.

Attorney(s) appearing for the Case

Davis, Wright, Clark, Butt & Carithers, PLC, by: Constance G. Clark and Don A. Taylor, Fayetteville, for appellant David Jurgens.

Kit Williams, Fayetteville City Attorney, for appellant City of Fayetteville.

The Doss Law Firm, by: D. Westbrook Doss and Kyle T. Unser, Fayetteville, for appellee.

TOM GLAZE, Justice.

This case presents an issue of whether a city employee is immune from suit in a civil-rights action. The appellee, Ms. Jeanny Romine, lives at 11 Trenton Boulevard in Fayetteville. Around September of 1998, she began to notice the smell of raw sewage in her back yard. Romine notified the City of Fayetteville about the sewage odor, and subsequent testing by the City revealed that the source of the odor was raw sewage that was seeping downhill from...

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