Wilma Jean Kellogg v. City of Albia, Iowa

CADY, Chief Justice.

In this appeal, we must decide if a city is statutorily immune from a homeowner's nuisance claim stemming from reoccurring flooding in the basement of her home due to the discharge of rainwater from a storm sewer located near the home. The district court granted summary judgment for the City, and the court of appeals reversed the decision of the district court. On further review, we vacate the decision of the court of appeals and affirm the decision of the district court. The statute granting immunity to municipalities for tort claims based on claims of negligent design…