GRAND ISLAND, Neb.— A Grand Island business is fighting the city over basement damage caused by a sewer backup.

In December of 2019, a segment of one of the main sewer lines in the alley behind Eakes Office Solutions became blocked. Court documents say the built-up pressure caused raw sewage to backflow into the basement of Eakes’, causing damage. The episode happened shortly after the city's Sanitary Sewer Rehabilitation Project.

The business sued the city over the damages and a district judge dismissed the case. Then, Eakes took the case to the Nebraska Court of Appeals, which issued an opinion upholding the dismissal on Tuesday.

Following the incident, Eakes filed a claim with the City. The City’s insurance carrier hired an independent adjuster to investigate the cause of the blockage. Following the investigation, the City declined Eakes’ claim for damages.

While City employees and the collection system supervisor did find miscellaneous debris flushed through the pipes, city officials say there were many other factors that played into the issue.

“With the information we have obtained to date, we do not feel there was anything the City could have done to prevent this loss,” said Jerom Janulewicz, the corporate designee for the City. “The City was not aware of any problems with any of the sewer lines in your area prior to this loss occurring.”

The Court of Appeals agreed, finding that the City had no prior notice of any blockage or defect and therefore was not negligent under Nebraska law.