« Courts - Another "Kafkaesque" case involving a homeowner and a large bank | Main | Ind. Decisions - More on "Conviction tossed in 1989 rape case, new trial granted" »

Saturday, February 13, 2010

Ind. Decisions - "Appeals court sides with Valpo over sewage in residence"

The Feb. 12th decision in the case of Kevin Walsh, et al. v. City of Valparaiso, Indiana (NFP) (see ILB summary here, 3rd opinion) is the subject of a story today in the Gary Post Tribune, reported by James D. Wolf.:

Valparaiso is not responsible for damage caused by sewage backing into a Valparaiso Street home during 2001, according to the Fifth District Indiana Court of Appeals.

In a memorandum decision released Friday, the court ruled that previous courts were correct in deciding for the city in a suit filed by the Walsh family.

The family lived in the house that once stood at 1109 Valparaiso St. and sued the city after sewage came up through their toilets and drains in July and August 2001.

The sewage flooded the home, accumulating in the basement and rear of the home and damaging personal property, including automobile business inventory of William Walsh.

The court stated that Valparaiso has "discretionary immunity" from the suit because city officials did not fail to follow established procedures.

"Valparaiso had not remedied the Walshes' sewer line because it was engaged in a broader, policy-oriented approach to fix the city's numerous and pervasive sewage problems," the memorandum states.

"Valparaiso was exercising a discretionary function when it adopted its sewage plans and delayed renovation of the sewage system servicing the Walsh property."

The original suit claimed the sewage led to health problems and that for 18 years before that, there had been no sewage problems.

However, original owner Fred Bruncion stated in a letter to the city that the property had flooding since he built the home there in 1953.

The city since purchased the house and demolished it. The land, along with other land in the block north of Evans Street and south of Harrison Boulevard, was used in 2003 and 2004 as a water detention area.

In another Valpo case, readers may recall this Jan. 17, 2010 ILB entry about a Valpo resident being granted a default judgment for more than "$100,000 for flood damage and property value losses because [the City] didn't file a timely response to a lawsuit." According to the entry, Feb. 18 is when a hearing is scheduled on the city's motion to set aside the default judgment.

Posted by Marcia Oddi on February 13, 2010 05:57 PM
Posted to Ind. App.Ct. Decisions