By Alethia Kasben
Gongwer News Service
The only available remedy for claims against local governments for alleged violations of the MISS DIG Act is filing a claim with the Public Service Commission, the Supreme Court ruled Tuesday in a unanimous decision.
In Zezula v. Brown (MSC Docket No. 168483), the Supreme Court ruled local governments cannot be held civilly liable for MISS DIG Act violations. The case involves a plaintiff who saw damage to his home after Independence Township allegedly did not mark township-owned sewer lines as required.
The opinion, written by Justice Kimberly Thomas, held state law does not authorize a claim in circuit court for monetary damages against a governmental agency for potential violations of the MISS DIG Act.
The decision overturns the Court of Appeals and trial court and orders the lower courts to grant summary disposition for Independence Township.
The court, however, did remand back to the trial court for additional hearings on the plaintiff’s request to amend the complaint to comply with the sewage disposal system event exception to governmental immunity under the Governmental Tort Liability Act.
Thomas wrote it is unclear if the plaintiff complied with the notice requirements under the sewage disposal system event exception. The decision orders the trial court to reconsider the motion to amend the complaint.
Gongwer News Service
The only available remedy for claims against local governments for alleged violations of the MISS DIG Act is filing a claim with the Public Service Commission, the Supreme Court ruled Tuesday in a unanimous decision.
In Zezula v. Brown (MSC Docket No. 168483), the Supreme Court ruled local governments cannot be held civilly liable for MISS DIG Act violations. The case involves a plaintiff who saw damage to his home after Independence Township allegedly did not mark township-owned sewer lines as required.
The opinion, written by Justice Kimberly Thomas, held state law does not authorize a claim in circuit court for monetary damages against a governmental agency for potential violations of the MISS DIG Act.
The decision overturns the Court of Appeals and trial court and orders the lower courts to grant summary disposition for Independence Township.
The court, however, did remand back to the trial court for additional hearings on the plaintiff’s request to amend the complaint to comply with the sewage disposal system event exception to governmental immunity under the Governmental Tort Liability Act.
Thomas wrote it is unclear if the plaintiff complied with the notice requirements under the sewage disposal system event exception. The decision orders the trial court to reconsider the motion to amend the complaint.
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