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McNAMARA v. McLEAN

No. C3-95-28.

531 N.W.2d 911 (1995)

Michael J. McNAMARA, et al., Plaintiffs, v. Dennis R. McLEAN, et al., Defendants and Third-Party Plaintiffs, Respondents, v. HUTTEL EXCAVATING, INC., Third-Party Defendants, St. Louis County, Third-Party Defendant, Appellant.

Court of Appeals of Minnesota.

May 30, 1995.

Attorney(s) appearing for the Case

Timothy N. Downs, Duluth, for Dennis R. McLean, et al.

Alan L. Mitchell, St. Louis County Atty., Heather C. Petersen, Asst. County Atty., Duluth, for St. Louis County.

Considered and decided by DAVIES, P.J., AMUNDSON and FOLEY, JJ.

OPINION

DANIEL F. FOLEY, Judge.

Home buyers sued sellers for misrepresenting the condition of the home's sewage treatment system. Sellers, in turn, sued county for negligently (1) issuing the construction permit and (2) conducting a "point-of-sale" inspection of the system. County appeals the denial of its motion for summary judgment based on statutory and public duty immunity. We reverse and remand.

FACTS

In October 1985, respondents Dennis...

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