DANIELSON v. CITY OF BROOKLYN PARK

No. C5-93-2228.

516 N.W.2d 203 (1994)

Donald D. DANIELSON, et al., Appellants, v. CITY OF BROOKLYN PARK, Minnesota, Respondent.

Court of Appeals of Minnesota.

Review Denied July 27, 1994.


Attorney(s) appearing for the Case

James S. Ballentine, Michael D. Tewksbury, Schwebel, Goetz, Sieben, P.A., Minneapolis, for appellants.

John J. Brossart and Lawrence R. King, King and Hatch, St. Paul, for respondent.

Considered and decided by NORTON, P.J., and HUSPENI and MULALLY, JJ.


OPINION

HUSPENI, Judge.

Donald and Ruby Danielson challenge the trial court's award of summary judgment to the City of Brooklyn Park (City). Because we agree with the trial court that the City owed no special duty to the Danielsons that would render it liable for any negligence based upon the City's incorrect determination that the Danielsons' tree was infected with Dutch Elm disease, we affirm.

FACTS

The facts in this case are undisputed...

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