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DUNN v. CITY OF MILWAUKIE

Nos. CV07040247; A139386.

250 P.3d 7 (2011)

241 Or. App. 95

Sharon DUNN, Plaintiff-Respondent, v. CITY OF MILWAUKIE, an Oregon municipality, Defendant-Appellant.

Court of Appeals of Oregon.

Decided February 23, 2011.

Attorney(s) appearing for the Case

Michael A. Lehner , Portland, argued the cause for appellant. With him on the briefs was Lehner & Rodrigues PC.

Kenneth Dobson , Portland, argued the cause for respondent. With him on the briefs was Buckley LeChevallier, P.C.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and ROSENBLUM, Judge.

SCHUMAN, P.J.

Defendant, the City of Milwaukie, appeals from a judgment awarding plaintiff $58,333 plus attorney fees as compensation for damage to her home resulting from raw sewage that backed up through bathroom fixtures when the city "hydrocleaned" a nearby sewer line. The theory on which plaintiff prevailed was "inverse condemnation"—that is, a claim that, by inflicting the damage, the city effected a taking of her property by substantially interfering...

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