Tamalunis v. City of Georgetown

PRESIDING JUSTICE McCULLOUGH

delivered the opinion of the court:

This appeal involves a nuisance action brought by the plaintiffs against the City of Georgetown (City) for the discharge of untreated sewage from a sewer overflow located at Seminary Street in Georgetown into a stream running across plaintiffs’ property. The jury awarded plaintiffs $150,000 in compensatory damages for the nuisance and a permanent injunction was entered against the continued discharge of the sewage. The injunction was stayed pending this appeal.

The City presents six issues for our consideration: (1) whether the…