The Court of Appeals of Georgia has affirmed the trial court’s decision to deny the City of Canton’s motion to dismiss a lawsuit filed by Brandreth Holdings, LLC, and Critical Path Security, LLC. The plaintiffs are seeking damages for inverse condemnation, alleging that the city’s failure to maintain its sewer system caused damage to their property. The city argued that the plaintiffs did not comply with ante litem notice requirements, which they claimed barred the lawsuit due to sovereign immunity. However, the court found that the plaintiffs’ claims were based on intentional acts by the city and thus exempt from such notice requirements.
The case stems from issues with a sanitary sewer pipe in front of the plaintiffs’ property, which reportedly caused flooding in their basement. The city was notified in 2017 but only took action in 2020 after further investigation. The court emphasized that inverse condemnation claims are exempt from ante litem notice requirements when based on intentional acts rather than negligence.
Source: A24A0019_CITY_OF_CANTON_v_BRANDRETH_HOLDINGS_LLC_et_al_Opinion.pdf
