In December 2011, Steve and Brenda Agee filed a lawsuit against the town of Rocky Mount, who they claim failed to maintain its sewage system which caused it to back up in their basement in January 2011. The town’s attorney tried to have the case thrown out citing other rulings that gave the town sovereign immunity. However, the judge ruled that the town can be sued if the prosecution argues negligence or a lack of maintenance caused the problem.
The reason is still unclear as to what caused the back-up, as the prosecution is denied this information under the Freedom of Information Act. Fortunately for the Agees, the case will proceed.