<Tort liability

Was flooded property owner’s tort claim barred by two year statute of limitations?

Hendrickson v. City of Shoreview (Minn. App. C3-02-1734)(April 29, 2003) (unpublished).

Summary judgment dismissal of claims by flooded property owner affirmed, based on two year statute of limitations. Claims for alleged negligent design and city approval of holding pond arose once flooding revealed damage and two year statute of limitations began to run. Claim brought four years later was thus time-barred. Trespass claims, with six year statute of limitations, not raised in court below and cannot be raised on appeal.

Full text of ruling

 

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