Smith v. City of Farmington

GUNN, Judge.

Walter E. and Louise Smith brought a two count action in circuit court for money damages and injunctive relief based upon the City of Farmington’s (the City) *119interference with their right to peaceable enjoyment of their property. More specifically, raw sewage and polluted water periodically escaped from a sewer pumping station maintained by the City which was located near the plaintiffs’ land. As a result, a foul-smelling, potentially health hazardous discharge inundated the Smiths’ own residential lot, several lots which were to be developed by the Smiths for sale and a man-made…