Publication Date


Document Type

Survey Article


Plaintiff filed an action against the county for the repeated flooding of his home. The county attorney responded with a deft procedural maneuver:

It was my bright idea to take the plaintiff's deposition at his home. My timing was impeccable. During the deposition .... something on the order of a ten-year storm [occurred], an event which flooded [plaintiff's] property just as [he] had claimed. During our "adjournment" of the deposition, ... I [was] captured on video [by plaintiff's attorney] wading through plaintiff's front yard with my pants legs somewhere in the vicinity of my knees!

The "law" of local government, both decisional and statutory, indelibly reflects its origins.