Berry v. City of Chicago

Plaintiffs filed 2-count amended class-action complaint alleging negligence and inverse condemnation as to City's replacement of water meters and water main pipes, and the partial replacement of lead service lines that run between the water mains and residences throughout the City. Plaintiffs allege only that City caused an increased risk of harm and thus does not allege a cognizable injury for purposes of a negligence action. Plaintiffs seek to have all of the proposed class members' service lines replaced, but do not allege that all these service lines have been rendered completely unusable, or that these lines are unfit for human use as a matter of law, by the City's actions. Complaint contains no allegation of any measurable, pecuniary loss caused by City's repair work. Thus, no action for inverse condemnation. (GARMAN, KARMEIER, and THEIS, concurring.)