The plaintiffs sued the defendant municipality for damages to their property caused by a slope failure.
The plaintiffs alleged that the municipality negligently installed and maintained a storm sewer on an easement crossing their land, which leaked and caused the slope to slide.
The municipality denied liability, arguing it had never formally assumed the subdivision and that the slide was caused by other factors.
The court found that the municipality had assumed responsibility for the sewer through its actions.
After hearing extensive expert evidence, the court concluded that the slope failure was caused by a break in the sewer pipe that allowed water to escape under pressure, weakening the soil.
The court held the municipality negligent for failing to properly investigate and remedy the issue after being notified of subsidence in 2001.
The court awarded the plaintiffs $232,500 in damages, representing the agreed diminution in the property's value.
