Cook v. City of Moroni

OPINION

THORNE, Judge:

¶ 1 Mark and Nanalee Cook appeal the trial court’s dismissal of their negligence claim against the City of Moroni (the City) pursuant to the Utah Governmental Immunity Act (the Act). See Utah Code Ann. §§ 63-30-1 to -38 (1997). 1

BACKGROUND

¶ 2 The Cooks live and own real property in Moroni, Utah. The Cooks’ property is located on the south side of Main Street, at the bottom of a slope. There were, at one time, eighteen-inch drainage pipes on both sides of Main Street to control runoff waters. The eighteen-inch pipes were always able to handle the runoff and prevented any…