H. Hafner & Sons, Inc. v. Cincinnati Metropolitan Sewer District

Shannon, Judge.

Plaintiffs-appellants H. Hafner & Sons, Inc. and Toad, Inc. (“Hafner”) allege that in 1994, a sanitary sewer line operated across their land “erupted” and deposited raw sewage and human waste over approximately two acres of their property.

The record reveals that the sewer line in question is an interceptor sewer that receives sanitary flow during dry weather and a combination of sanitary flow and storm-water runoff during wet weather. This flow is conveyed by the sewer line to the Little Miami Treatment Plant (“the Plant”). Apparently, the Plant would be flooded and damaged by…