Holiday Management Co. v. City of Santa Fe

OPINION

FELTER, Justice.

Petitioner, Holiday Management Company, filed suit against Respondent, City of Santa Fe, for damages resulting from the backup of waste from a clogged sewer. The Court of Appeals affirmed an order of dismissal by the trial court for failure to state a cause of action. A writ of certiorari was granted to the petitioner. We reverse the dismissal by the trial court and the decision of the Court of Appeals.

The sole question to be resolved by this Court is whether the provisions of the Tort Claims Act (§§ 41 — 4-1 to 41 — 4-25, N.M.S.A. 1978 and Cum.Supp.1979) clothe the…