Yee

The question before us is whether inverse liability can be imposed on a city for property damage arising from the failure of a public improvement to operate as originally intended. Under the circumstances of this case, we hold it can. Accordingly, we reverse the judgment.

Plaintiff Nathan Yee appeals from a summary judgment entered in favor of defendant City of Sausalito. In plaintiff’s first amended complaint for inverse condemnation, he alleged that a storm drainage system, running along the westerly side of Bulkley Avenue, ruptured, allowing surface water to seep into subsurface soil adjacent to his property which caused massive soil subsidence of his land. Plaintiff charged that the damage proximately resulted from the use of the public improvement as deliberately designed, constructed and maintained, and seeks relief under article I, section 19 of the California Constitution.

In its motion for summary judgment, the city asserted that plaintiff’s complaint, at most, stated a general tort cause of action for negligent maintenance of a public improvement, and not a claim for inverse liability. In support of its motion, the city submitted plaintiff’s answers to…