Remember Dunn v. City of Milwaukie? That's the case in which the Oregon Supreme Court reversed an inverse condemnation judgment in favor of a homeowner who had sewage back up into her house after the city "hydrocleaned" the sewer system, because she had not shown that the government had "acquisitory intent."
The court, however, felt okay about depriving Ms. Dunn of an inverse condemnation remedy for her house being tainted with municipal crap, because sovereign immunity had been waived, and she could still sue the city in tort.
Turns out, she was s**t out of luck there, also. In Dunn v. City of Milwaukie, No. A139386A (Apr. 22, 2015), the Oregon Court of Appeals concluded that she missed Oregon's 180-day statute of limitations/repose to bring these type of claims. She knew, they held, but she waited too long. As we wrote in our report on the earlier decision:
the news reports about the case indicate that the reason she missed the deadline was that she tried to remedy the situation herself, using disinfectant to clean up the place, and that she only noticed the persistent damage later. This decision was her reward for not being a sue-happy citizen.
Dunn v. City of Milwaukie, No. A139386A (Or. App. Apr. 22, 2015)
