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JENSEN v. WALSH

No. C4-99-1763.

623 N.W.2d 247 (2001)

M. Jay JENSEN, an individual, Patricia A. Jensen, an individual, William Spooner, an individual, and Celeste Spooner, an individual, petitioners, Appellants, v. James V. WALSH, an individual, Patricia Walsh, an individual, and Timothy Schacher, Respondents.

Supreme Court of Minnesota.

March 22, 2001.

Attorney(s) appearing for the Case

Brian N. Toder, Chestnut & Cambronne, P.A., Minneapolis, for appellant.

John M. Gearin, St. Paul, for respondent Jensen.

Timothy Schacher, South St. Paul, pro se.

Jeffrey J. Lindquist, Minneapolis, for amicus curiae Minnesota Defense lawyers Ass'n.

Charles A. Bird, Steven S. Fuller, Rochester, for amicus curiae Minnesota Trial Lawyers Ass'*n.

Heard, considered and decided by the court en banc.

OPINION

RUSSELL A. ANDERSON, Justice.

In this bitter dispute between neighbors, we consider whether punitive damages are available in an action for intentional damage to property where the only damage is to property. We hold that a plaintiff may seek punitive damages in an action for intentional damage to property. We reverse the court of appeals and remand to the district court.

Appellants M. Jay and Patricia Jensen and respondents James and Patricia...

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