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WEAR v. BUFFALO-RED RIVER WATERSHED DIST.

No. C0-00-908.

621 N.W.2d 811 (2001)

Steve WEAR, et al., Appellants, v. BUFFALO-RED RIVER WATERSHED DISTRICT, Defendant and Third-Party Plaintiff, Respondent, v. Houston Engineering, Inc., Third-Party Defendant, Respondent, Lyle Wilkens, Inc., Third-Party Defendant, Respondent.

Court of Appeals of Minnesota.

February 13, 2001.

Attorney(s) appearing for the Case

Dan D. Plambeck, Stefanson, Plambeck & Foss, Moorhead, MN, for appellants.

Dan T. Ryerson, John E. Varpness, Gislason, Martin & Varpness, P.A., Edina, MN, for respondent Buffalo Red River Watershed District.

Duane R. Breitling, Ohnsdtad Twichell, P.C., Fargo, ND, for respondent Houston Engineering, Inc.

Barton J. Cahill, Cahill & Maring P.A., Moorhead, MN, for respondent Lyle Wilkens, Inc.

Considered and decided by TOUSSAINT, Presiding Judge, ANDERSON, Judge and MULALLY, Judge.

OPINION

G. BARRY ANDERSON, Judge.

Appellant property owners contend that respondent watershed district negligently improved a ditch where, after heavy rainfall, the ditch overflowed, causing property damage. Because the watershed district did not breach its duty by improving the ditch to withstand a ten-year event, we affirm.

FACTS

On May 17, 1996, over four inches of rain fell in the Buffalo Red River Watershed District in Clay County...

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