What statute of limitation applies to a claim of negligent storm sewer construction or design? What frequency of flooding is sufficient to support an inverse condemnation claim? Nolan and Nolan v. City of Eagan (Minn. App. A03-616) (December 30, 2003). Nolan and Nolan, owner of a mini-storage facility, sued the Minnesota Department of Transportation and the City of Eagan, alleging flooding of its property from a poorly designed storm sewer system. The Court of Appeals found that an allegation of “frequent, regular, and permanent flooding” was sufficient to state a claim for inverse condemnation. The Court also ruled that despite the language of Minnesota Statutes §586.02 prohibiting other “pleadings” to be joined with a petition for mandamus, a mandamus action for inverse condemnation could be brought in conjunction with a tort claim of trespass, nuisance and negligence, the latter claim in the event that the facts did not demonstrate the regularity of flooding needed to constitute a taking. Finally, the Court ruled that a tort claim arising out of negligent design or construction of a storm sewer system is subject to the two-year statute of limitation of §541.051. Full text of ruling
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