OK, now I understand what you are asking.
It has to do with negligence law.
In order for anybody to be responsible for your damage you must show that the party knew of or should have known of a hazard or condition that could cause damage and failed to correct the condition. That's a little oversimplified, of course.
What the village seems to be saying is that the "illegal tap" allowed leaves, roots, dirt and debris to enter and clog the sewer line, that they had no knowledge of the condition, and are not responsible for something that was sudden and unforseen.
So, as far as that goes, the denial is proper.
In order to hold the village responsible you would have to show that:
The village had prior knowledge of the taps and/or the clog and did nothing about it.
Or that the village had a duty (either statutory or otherwise) to periodically inspect the sewers.
Or that the sewers were improperly designed with a defect or insufficient capacity.
Or that the village had statutory liability to pay in the event of an overflow no matter what the cause.
Or any combination of the above. Or even others that I haven't thought of.
- The right of the people
- to keep and bear arms,
- shall not be infringed.