In the case of Anderson v. Warren Local School Dist. Bd. of Edn., 2017-Ohio-436, an Ohio appellate court found that a school district was entitled to governmental immunity for surface water runoff from a maintenance building. In doing so, the appellate court clarified the definition of “sewer system” for purposes of governmental immunity – or at least clarified that a “sewer system” does not include gutters, downspouts, and discharge pipes.
The school district in this case “owns a maintenance building located to the southeast and uphill from the [plaintiff’s] property.” Anderson at ¶ 5. “According to [the plaintiff], all of the downspouts coming from [the school district’s] maintenance building flowed to a drainage pipe that discharged the collected rainwater onto his property” causing his basement to shift and the walls to crack. Anderson at ¶ 7.
The Ohio Political Subdivision Tort Liability Act provides an exception to governmental immunity for the maintenance, operation, and upkeep of a sewer system. As a result, one of the central issues in this appeal revolved around whether the maintenance building’s rainwater drainage system – i.e., its gutters, downspouts, and discharge pipes – actually constitutes a “sewer system” for purposes of the governmental immunity statute.
The problem is that “[t]here is no definition of ‘sewer system’” in the governmental immunity statute. Anderson at ¶ 49. Utilizing the customary definition of words, the Ohio appellate court concluded, however, that “the maintenance building’s runoff drainage does not qualify as a ‘storm water system’ or ‘sewer system’ contemplated by the immunity statute.” A contrary definition, as the appellate court observed, would be too overbroad: “A sewer system consisting of only gutters and downspouts attached to a building and underground disposal pipes would characterize normal household rainwater disposal systems as their own ‘sewer systems’” even though“[t]he discharging pipes do not connect into a system.” Anderson at ¶ 53.
To read this case, please click here.
Authors: Matthew John Markling and Patrick Vrobel
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.