Doe v. City of Elk River

SCHROEDER, Chief Justice.

This is an appeal from a grant of summary judgment for City of Elk River on a claim of attractive nuisance.

I

FACTUAL AND PROCEDURAL BACKGROUND

The City of Elk River maintains an unlocked storage shed in the breezeway behind City Hall. Jane Doe (“Doe”), a five-year-old girl, and John Roe (“Roe”), an eight-year-old boy, lived nearby. On the morning of June 18, 2004, Doe and Roe entered the shed with fourteen-year-old Charles Wetherell to play the “tape game.” Inside the shed, Wetherell taped the children to chairs and sexually assaulted Doe while Roe was forced to watch.

Th…