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DUNN v. CITY OF MILWAUKIE

(CV07040247; CA A139386; SC S059316).

328 P.3d 1261 (2014)

355 Or. 339

Sharon DUNN, Respondent on Review, v. CITY OF MILWAUKIE, an Oregon municipality, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Resubmitted January 7, 2013.

Decided May 8, 2014.

Attorney(s) appearing for the Case

Michael A. Lehner , Lehner & Rodrigues PC, Portland, argued the cause and filed the brief for petitioner on review.

Kenneth P. Dobson , Chenoweth Law Group, PC, Portland, argued the cause and filed the brief for respondent on review and filed the response to the League of Oregon Cities' amicus curie brief.

Terence L. Thatcher , Senior Deputy City Attorney, Portland City Attorney's Office, Portland, filed a brief on behalf of amicus curiae League of Oregon Cities.

LINDER, J.

The City of Milwaukie (the city) used highly pressurized water to clean the sewer lines adjacent to plaintiff's house, causing sewage to back up through toilets and bathroom fixtures. Plaintiff brought this action against the city seeking compensation for the damage to her home on two theories — negligence and inverse condemnation. The trial court dismissed the negligence claim before trial as barred by the statute of limitations. See ORS...

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