The City of Mountain Brook v. Rodney E. Miller and Mary Leah Miller

Summary

The court held that a municipality does not owe an individual property owner a tort duty to upgrade or expand an existing stormwater-drainage system when the alleged flooding results from inadequate capacity rather than negligent design, construction, or maintenance. Because the City presented substantial evidence that its system had no blockages, structural defects, or other maintenance problems, the Millers could not establish the individual duty necessary for their negligent-maintenance, nuisance, or indirect-trespass claims. The court therefore reversed the summary judgment and permanent injunction for the Millers and remanded for entry of summary judgment for the City.