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RECENT VICTORIES 2009
Superior Court finds property owners not responsible to their neighbor for flood.
In Farrell v. Hodgin et. al., Ken Pierce and Erica Johanson successfully argued that their client, owner of a parking lot situated behind the Plaintiff's property, was not responsible for water damage to Plaintiff's property that occurred during the epic Mother's Day storm of 2006. The Plaintiff argued that Ms. Hodgin had failed to maintain a sump pump located on the parking lot property, and that this failure caused storm water from Ms. Hodgin's property to flow onto his property, flooding his basement. The Superior Court granted summary judgment to the defendants, agreeing that a landowner is under no duty to prevent the flow of surface water from her property to a neighboring property.
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