City of Torrington v. Cottier

BURKE, Justice.

[¶1] Mr. Cottier obtained a judgment against the City of Torrington ("City") after his rental property was damaged by the backup of raw sewage. The City appeals claiming immunity under the Wyoming Governmental Claims Act. We affirm.

ISSUE

[¶2] The City presents one issue for review:

Whether the waiver of governmental immunity for "operation" of public utilities found in W.S. § 1-89-108(a) extends to "maintenance" of public utilities?

Mr. Cottier states the issue as:

Does the waiver of governmental immunity for the operation of a sewer line, as set forth in W.S. § 1-89-108(a),…