Municipal Malcontent

[c-u-n-court]

I live in Colorado. Tuesday the 11th of July we had a heavy rainstorm. I found out we have what is called a "combined sewer". This means the rain water pours into the regular sewer. I found this out because the rainwater/sewage mix backed up in my basement filling it to 3 inches of standing sewer. Our city says they know this is a problem but they have not informed residents nor do they plan to fix the problem anytime soon. My question is: can I sue the City in small claims court for cleanup and property damage charges? They are saying it was an "act of God" and they are not at fault.

Thanks.

 

[JETX]

Probably not. Most governments (local and state) are exempt from actions unless you can prove that the damages were malicious or negligent. Also, even if the city could be found liable, you wouldn't be able to enforce the judgment.