Another flooding case, this time from the Indiana Court of Appeals.
In Birge v. Town of Linden, No. 54A01-1509-PL-1495 (July 25, 2016), the court considered a pure legal question (the issue was up on appeal after the trial court dismissed for failure to state a claim): does governmental immunity under the state tort claims act apply to inverse condemnation cases? The court held no, "to the extent the trial court concluded that immunity under the ITCA would bar the Birges' claim for inverse condemnation, the trial court erred." Slip op. at 10. The town may be entitled to immunity for flooding which it was alleged to have caused, but that immunity "will extend only to tort claims brought under the ITCA." Slip op. at 11.
More about the case in this story: "Farmers win reversal in drainage appeal against town" from the Indiana Lawyer.