Scholbrock v. City of New Hampton

WOLLE, Justice.

The plaintiffs, homeowners in the City of New Hampton, brought this law action against the city contending that they were damaged when a city sanitary sewage line backed up and discharged sewage into their basements. The trial court twice granted the city summary judgment: first, because they had not given the city notice of their tort claim; and second, because the city could not be held liable on plaintiff’s theory of breach of an implied contract to provide sanitary sewage service. Plaintiffs appeal only from the second ruling. We affirm.

Plaintiffs filed their petition at…