MASONICK v. J.P. HOMES, INC.

No. C4-92-1254.

494 N.W.2d 910 (1993)

Louis MASONICK, et al., Respondents, v. J.P. HOMES, INC., Respondent, City of Lino Lakes, Appellant. FIRESIDE CORNER, INC., defendant and third-party plaintiff, Respondent, v. STONEHILL ENTERPRISES, LTD., Third-Party Defendant.

Court of Appeals of Minnesota.

January 26, 1993.


Attorney(s) appearing for the Case

Philip W. Getts, Cosgrove, Flynn, Gaskins & O'Connor, Minneapolis, for Louis Masonick, et al.

Kenneth Gleason, Victor E. Lund, Mahoney, Dougherty & Mahoney, Minneapolis, for J.P. Homes, Inc.

Thomas L. Grundhoefer, St. Paul, for City of Lino Lakes.

James C. Erickson, Caroline Bell Beckman Peterson, Bell, Converse & Jensen, Roseville, for Fireside Corner, Inc.

Considered and decided by FORSBERG, P.J., and DAVIES and FLEMING, JJ.


OPINION

WILLIAM J. FLEMING, Judge.*

Louis and Rosemary Masonick sued appellant City of Lino Lakes, respondent J.P. Homes, Inc., and respondent Fireside Corner, Inc. seeking recovery for fire damage to their newly-constructed home. The City of Lino Lakes moved for summary judgment on two theories: (1) discretionary act immunity pursuant to Minn.Stat. § 466.03, subd. 6; and (2) no private duty. The trial court denied the City...

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