BOOP v. CITY OF LINO LAKES

No. C2-92-2516.

502 N.W.2d 409 (1993)

William G. BOOP, Respondent, v. CITY OF LINO LAKES, Appellant, Paula Beard, et al., Defendants.

Court of Appeals of Minnesota.

Review Denied September 10, 1993.


Attorney(s) appearing for the Case

Richard I. Diamond, Minneapolis, for respondent.

George C. Hoff, Paula A. Callies, Hoff & Allen, P.A., Eden Prairie, for appellant.

Carla Heyl, League of Minnesota Cities, Shoreview, amicus curiae, for defendants.

Considered and decided by PARKER, P.J. and FORSBERG and KLAPHAKE, JJ.


OPINION

KLAPHAKE, Judge.

The City of Lino Lakes (city) challenges the denial of summary judgment on the tort claims of respondent William G. Boop (Boop). In his complaint, Boop alleged the city's improper planning and failure to expeditiously remedy his neighbor's failed septic system caused water damage to Boop's property. The district court denied the city's motion for summary judgment, holding there was a genuine issue of material fact concerning the...

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