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NELSON v. SHORT-ELLIOT-HENDRICKSON, INC.

No. A05-1740.

716 N.W.2d 394 (2006)

Duane F. NELSON, et al., Appellants, v. SHORT-ELLIOT-HENDRICKSON, INCORPORATED, Respondent, City of Stillwater, Respondent.

Court of Appeals of Minnesota.

June 27, 2006.

Attorney(s) appearing for the Case

Jamie R. Pierce, Thomas G. Wallrich, Cyrenthia D. Jordan, Mansfield, Tanick & Cohen, P.A., Minneapolis, MN, for appellant.

Stephen F. Buterin, Mark J. Heley, Coleman, Hull & Van Vliet, P.L.L.P., Minneapolis, MN, for respondent Short-Elliot-Hendrickson, Incorporated.

Elisa Martha Hatlevig, James Golembeck, Patrick S. Collins, Jardine, Logan, & O'Brien, P.L.L.P., Lake Elmo, MN, for respondent City of Stillwater.

Considered and decided by LANSING, Presiding Judge, RANDALL, Judge, and WILLIS, Judge.

OPINION

RANDALL, Judge.

This is an appeal from summary judgment in a drainage-related dispute. Appellant-property owners argue (a) the district court erred in ruling that a prior action by appellants against the city is a basis for applying res judicata in this action where, they argue, part of the basis of the current action occurred after the ruling in the prior case and the claims are distinct; (b) fact issues exist regarding whether the city failed to...

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