State ex rel. Town of Pratt v. Circuit Court (Stucky) (Per Curiam Opinion)
Annotate this CaseThis action arose from modifications resulting from landfill activity made to real property that was adjacent to the property of Respondents. Respondents filed a complaint against the Town of Pratt and others, alleging that the modifications allegedly caused a change in the normal water flow on Respondents' property and resulted in property damage. The Town filed a motion to dismiss or alternatively for summary judgment, asserting it was entitled to be dismissed based on sovereign immunity. The circuit court denied the Town's motion as premature, finding that the parties should conduct discovery prior to the court making a determination regarding the Town's immunity arguments. The Supreme Court vacated the circuit court's order denying the Town's motion and granted the Town's requested writ of prohibition, finding that the Town's immunity was purely a question of law and ripe for summary disposition at the circuit court level through a motion to dismiss.
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