Is Upgrading Inadequate Storm Sewer System a 'Proprietary' Or a 'Governmental' Function of County Engineer's Office?

Property Owners Challenge County's Claim of Immunity for Damages Caused by Flooding

Mr. Robert Coleman, et al. v. Portage County Engineer, Case no. 2011-0199

Eleventh District Court of Appeals (Portage County)

ISSUE: Where repeated damage to private property results from a county's failure to upgrade an inadequate storm sewer system, may the county be held liable for that damage because it resulted from a failure to properly "maintain" the sewer system, or is the county immune from liability under a state law that bars civil claims against a political subdivision for damage arising from the "planning, design, construction or reconstruction" of public improvements, including sewer systems?