Hunsche v. City of Loveland

Winkler, Judge.

Appellees filed suit against the city of Loveland, claiming negligence, negligence per se, statutory nuisance, common-law nuisance, and trespass for the city’s alleged misconduct in allowing sediment from a city-owned park to flow into, and thereby damage, appellees’ pond. The trial court found in favor of appellees on all counts and awarded compensatory and punitive damages, as well as attorney fees. The city appeals from that order.

I. FACTS

The city owns Boike Park, which is located in Symmes Township, outside the Loveland city limits. Appellees are owners of properties within…