Sorrells v. City of Macomb

Plaintiffs filed complaint against Defendant construction company for flooding on their property allegedly caused by company developing the adjacent property, and added count for inverse condemnation against City which owned streets company had developed. Court properly granted City's section 2-615 motion to dismiss inverse condemnation count with prejudice. Allegations are insufficient to support Plaintiffs' claim of a taking for public use where alleged increased water drainage was coming from entire development, including streets, through detention or draining basins. Development was not a public property, and acceptance of dedication of streets inside development does not give rise to a taking where drainage was from basins. (LYTTON and SCHMIDT, concurring.)