City of Tucson v. Apache Motors

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• distinguishing Clausen and finding threat of flooding in a nuisance action was a temporary injury
• having undertaken to provide culverts, city liable for insufficiency due to negligent construction
• finding threat of flooding is a temporary injury, dictating landowners sue for each successive injury, if the injury was originally difficult to foresee and is unlikely to reoccur except at unpredictable intervals and is otherwise capable of abatement
• “The rule is that the judge or jury, being the sole judges of the facts and the credibility of witnesses, may or may not believe an interested party.”
• statute of limitation for temporary or continuing nuisance accrues on date of successive injury
• recurrent water damage from defectively designed water removal system

Source: CourtListener parenthetical corpus (CC0).