Maher v. City of Box Elder

[¶1.] William Maher brought suit against the City of Box Elder (the City), arguing it negligently operated its water system and caused his waterlines to break. The City moved for summary judgment, asserting the public duty rule precluded imposition of a duty to Maher absent proof the City assumed a special duty. The circuit court granted summary judgment. We reverse.

Facts and Procedural History

[¶2.] William Maher owns a mobile home park in Box Elder and receives water from the City's water system. The City owns, operates, and maintains its water system in part to supply water to its resident…