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Nolan and Nolan v. City of Eagan12/30/2003
CISION
Appellant stated a takings claim by alleging frequent, regular, and permanent flooding. Further, because determining whether flooding constitutes a taking is a fact-specific inquiry, appellant could simultaneously pursue mandamus, and alternatively, tort claims. Therefore, the district court erred in dismissing appellant's inverse condemnation claim. The district court also erred in dismissing appellant's negligent maintenance, repair, and operation claims by concluding that the statute of limitations provision of Minn. Stat. § 541.051, subd. 1(a), barred these claims. But the district court properly determined that appellant's negligent construction and design, trespass and nuisance claims are barred by Minn. Stat. § 541.051, subd. 1(a).
Affirmed in part, reversed in part, and remanded.
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