Co-owners and/or residents of property brought action against city alleging city’s negligence in maintaining sewer line that transversed property created a continuing nuisance that damaged property and created a serious health hazard, and as relief, sought money damages, injunctive relief, attorney fees, and litigation costs.
The trial court granted city’s motion to dismiss money damages claim, and co-owners and/or residents appealed.
The Court of Appeals held that:
- The ante litem statute applied to continuing nuisance claims based on sewage overflows onto the subject property;
- Co-owners and/or residents were required to comply with the ante litem notice statute, and provide city with the specific amount of monetary damages being sought; and
- Anti litem notice given city failed to substantially comply with statute requiring notice to “include the specific amount of monetary damages being sought.”