Richard Brown and Janet Brown v. City of Valparaiso, Indiana

NAJAM, Judge.

Statement of the Case

Richard Brown and Janet Brown appeal from the trial court’s entry of partial summary judgment in favor of the City of Valparaiso, Indiana (“the City”), on the Browns’ complaint in which they alleged, in relevant part, that the City was negligent in causing flooding to their residence in 2008. The Browns present several issues for our review, but we need only address the following two dispositive issues:

1. Whether the Browns are entitled to assert a private cause of action alleging negligence per se under Indiana’s Flood Control Act.

2. Whether they are…