Fleckman v. City of Greeley

BABCOCK, Judge.

The sole issue presented by this appeal is whether the trial court erred, as a matter of law, in granting defendants’ motion for summary judgment on the basis that Greeley Municipal Code § 16.28.070 is a valid exercise of legislative authority of the City of Greeley. We conclude that such ruling was erroneous and reverse and remand for trial on the merits.

The facts giving rise to plaintiff’s cause of action in tort for damages against defendants are undisputed. In December 1980, a blockage which developed in the main municipal sewer line serving plaintiff’s home caused waste…