SUTTON v. COUNCIL BLUFFS WATER WORKS

No. 22-0513.

990 N.W.2d 795 (2023)

Jim SUTTON and Angela Sutton, Appellees, v. COUNCIL BLUFFS WATER WORKS, Appellant.

Supreme Court of Iowa.

Filed May 19, 2023.


Attorney(s) appearing for the Case

Raymond E. Walden (argued), Michael T. Gibbons , and Christopher D. Jerram of Woodke & Gibbons, P.C., L.L.O., Omaha, Nebraska for appellant.

Nicholas F. Sullivan (argued) and Tiffany S. Boutcher of Dvorak Law Group, LLC, Omaha, Nebraska, for appellees.

McDermott, J., delivered the opinion of the court, in which all participating justices joined. Christensen, C.J., took no part in the consideration or decision of the case.


Jim and Angela Sutton's house in Council Bluffs sits near an intersection where an underground water main broke in November 2020, sending water flowing to the surface. The Suttons alerted Council Bluffs Water Works to the problem and, over the next eight weeks, crews inspected and repaired breaks to the pipe on five different...

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