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HENDERSON v. CITY OF COLUMBUS

No. S-11-060.

827 N.W.2d 486 (2013)

285 Neb. 482

James HENDERSON and Jamie Henderson, husband and wife, appellants, v. CITY OF COLUMBUS, a municipal corporation, appellee.

Supreme Court of Nebraska.

March 15, 2013.

Attorney(s) appearing for the Case

George H. Moyer , of Moyer & Moyer, Maddison, for appellants.

Erik C. Klutman and Mark M. Sipple , Columbus, of Sipple, Hansen, Emerson, Schumacher & Klutman, for appellee.

Renee Eveland , of Wolfe, Snowden, Hurd, Luers & Ahl, L.L.P., Lincoln, for amici curiae Marlin G. Delimont et al.

William F. Austin , of Erickson & Sederstrom, P.C., Lincoln, for amicus curiae League of Nebraska Municipalities.

HEAVICAN, C.J., WRIGHT, CONNOLLY, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

MILLER-LERMAN, J.

NATURE OF CASE

James Henderson and Jamie Henderson sued the City of Columbus (the City) after raw sewage flooded into their home. They claimed that the flooding damaged their home and was the result of a malfunction of the city-run sanitary sewage system. After a bench trial on liability, the district court for Platte County found in favor of the City and dismissed the Hendersons' complaint, in which they had alleged theories of recovery...

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