What statute of limitation applies to a lawsuit alleging inadequate design of a storm or sanitary sewer? Nemechek v. City of Byron, 1999 WL 1138441 (Minn. App. 1999) (unpublished). In June 1998, the Nemecheks brought suit against the City of Byron following a sewage backup. They alleged that the backup was caused by the inadequacy of the City's storm and sanitary sewer systems, which were constructed in the 1970's. The Court of Appeals affirmed the district court's dismissal of the action, finding that it was one arising out of "the defective and unsafe condition of an improvement to real property," and therefore barred by the 10-year statute of limitation prescribed by Minnesota Statutes ¤541.051, subdivision 1. The Nemecheks' claim of negligent maintenance also was rejected on the basis of testimony that, at the time of the storm in question, the system was functioning as designed.
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