Floyd v. City of Butte

This is an appeal from a judgment of dismissal entered on a motion to dismiss an amended complaint.

Plaintiffs, appellants here, owned an apartment building located at the intersection of West Parle and Clark Streets in Butte. The defendant City of Butte operates, maintains and repairs an underground public sewage and storm system under Clark Street and bordering the plaintiff’s property just east of the east boundary and apartment building wall.

A few months prior to the filing of this action, the plaintiff owners noted that the brick apartment building appeared to be settling and cracking.…