Sturgill Turner team secures case dismissal for the City of Newport
The Sturgill Turner team of Todd Osterloh and Meredith Reeves secured a dismissal of a claim for the City of Newport in a Campbell Circuit Court bench trial. The owners of a commercial shopping center in Newport installed stormwater pipes on their property when it was developed in the 1950s and 1960s. The owners alleged that the City of Newport’s actions over the years, in addition to the fact that stormwater flowed from off the shopping center property onto it, converted the character of the stormwater infrastructure from private to public. After hearing the evidence presented, Judge Julie Reinhart Ward dismissed the owner’s claim, finding that there was insufficient evidence to determine that the pipes became a part of the City’s system.