· 9/8/1992
Electro-Jet Tool & Manufacturing Co. v. City of Albuquerque
Citations
- 845 P.2d 770
- 114 N.M. 676
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- whether property damage caused by city’s maintenance of drainage ditches could be recovered in action for inverse condemnation or whether claim must be characterized as tort claim, which was barred by sovereign immunity
- “Section 41-4-4 grants 2 a governmental entity and any public employee acting within the scope of duty 3 immunity from liability for any tort except as waived elsewhere in the Act.”
- Plaintiffs complaint that city merely operated drainage ditches that flooded its property was insufficient to state a claim for inverse condemnation since it failed to allege that a specific, deliberate government act caused the flooding
- “negligence is irrelevant to a viable claim for inverse condemnation”
Source: CourtListener parenthetical corpus (CC0).
Judges: Montgomery, Ransom, Baca
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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