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Nemechek v. Byron12/14/1999
ence in the maintenance * * * of the real property improvement * * *"). But the sewer system was designed and constructed in the 1970's. Maintaining it in its original operating condition was independent of enforcing an ordinance enacted long after it was constructed. See Jindra v. City of St. Anthony, 533 N.W.2d 641, 645 (Minn. App. 1995) (statute providing strict liability for damages resulting from the discharge of hazardous waste did not apply to the discharge of raw sewage resulting from the negligent maintenance of sewer pipes.)
We agree with the district court that appellants' action is barred by the statute of limitations.
Affirmed.
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