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  1. #8
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: City Hired Snow Plow Dumps Only on My Property

    The poster seems to claim is is a literal DUMPING, not snow from a plow blocking a driveway or such! The latter has been litigated and it is a necessary element of plowing for the benefit of all.


    The former would be a questionable action under the Takings clause of both federal and state, IMO.

    Snow plowing is a governmental function, not a proprietary one, so immunity is there, but not in this case I would think.

    Oh, to edit, I see it is a hired truck, subcontractor, not a city truck, so would sovereign immunity apply?? Hmm!!

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