Yee v. City of Sausalito

Opinion

LOW, P. J.

The question before us is whether inverse liability can be imposed on a city for property damage arising from the failure of a public improvement to operate as originally intended. Under the circumstances of this case, we hold it can. Accordingly, we reverse the judgment.

Plaintiff Nathan Yee appeals from a summary judgment entered in favor of defendant City of Sausalito. In plaintiff’s first amended complaint for inverse condemnation, he alleged that a storm drainage system, running along the westerly side of Bulkley Avenue, ruptured, allowing surface water to seep into…