HIGHVIEW NORTH APARTMENTS v. COUNTY OF RAMSEY

Nos. 81-676, 81-971 and 81-921.

323 N.W.2d 65 (1982)

HIGHVIEW NORTH APARTMENTS, a Partnership, Respondent, v. COUNTY OF RAMSEY, Appellant (81-676), City of Maplewood, Appellant (81-971), City of North St. Paul, Appellant (81-921).

Supreme Court of Minnesota.

August 20, 1982.


Attorney(s) appearing for the Case

Tom Foley, County Atty., Steven C. DeCoster and David MacMillan, Asst. County Attys., St. Paul, for Ramsey County No. 81-676.

Maun, Green, Hayes, Simon, Murray, Johannenson & Brehl and Merlyn C. Green, Lais, Bannigan & Cerisi and John F. Bannigan, Jr., St. Paul, for City of Maplewood No. 81-971.

Memmer, Casell, Parks & Beck, Seldon H. Caswell and Gregory J. Tavernier, St. Paul, for City of North St. Paul No. 81-921.

Leonard, Street & Deinard, Nancy C. Dreher and Richard Rapson, Minneapolis, for respondent.

Heard, considered and decided by the court en banc.


SIMONETT, Justice.

Defendant municipalities appeal from a judgment holding them liable on a nuisance theory for damages to plaintiff's property attributed to defendants' water drainage systems. Defendants contend that no causal connection between their actions and plaintiff's damage was proven, that in any event nuisance does not lie, and that, at the very least, the damage award is improper and excessive. We affirm.

In early 1980 the plaintiff, Highview North...

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