Judge Won’t Dismiss Sewage Lawsuit
http://www.nwaonline.net/articles/2007/08/01/news/080207fzcourtbrief.txt
BY THE MORNING NEWS
FAYETTEVILLE — A judge declined Wednesday to throw out a lawsuit alleging repeated sewer overflows damaged a Fayetteville woman’s property on West Trenton.
Jenny Romine sued the city in 2005, claiming the city’s sewage spills caused inverse condemnation of her property and amounted to assault and battery. The city filed motions for summary judgment, saying there were no issues to try.
Washington County Circuit Judge Mary Ann Gunn denied the city’s motions to dismiss the inverse condemnation claim, an outrage claim, a civil rights claim, the assault and battery claim and a motion to dismiss David Jurgens, the city’s water and wastewater director, from the lawsuit.
Gunn granted the city’s motion to dismiss a negligence claim and Romine agreed to drop the word “toxic” from her assault and battery pleadings.