Asheville Sports Properties, LLC v. City of Asheville

GEER, Judge.

Plaintiffs Asheville Sports Properties, LLC (“ASP”) and Asheville Sports, Inc. (“Asheville Sports”) appeal the trial court’s grant of summary judgment to defendant, the City of Asheville. Two sinkholes developed on plaintiffs’ property as a result of the failure of storm water drainage pipes running under plaintiffs’ parking lot. Plaintiffs first contend that the City should be liable for the damage because it failed to maintain and repair the pipes. Plaintiffs have, however, failed to establish that the City had a duty to do so with respect to these privately installed and owned…