Legal Opinion

McNamara v. McLean

Court of Appeals of Minnesota

Decided May 30, 1995No. C3-95-28PublishedCited by 3 opinions

1Opinion of the Court

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 and Georgia McLean hired Huttel Excavating to construct a new individual sewage treatment system for their home. Huttel submitted proposed plans and an…

2Cases cited15 opinions

  1. Frost-Benco Electric Ass'n v. Minnesota Public Utilities CommissionSupreme Court of Minnesota · 1984
  2. Hunt v. IBM Mid America Employees Federal Credit UnionSupreme Court of Minnesota · 1986
  3. Pletan v. GainesSupreme Court of Minnesota · 1992
  4. Cracraft v. City of St. Louis ParkSupreme Court of Minnesota · 1979
  5. Holmquist v. StateSupreme Court of Minnesota · 1988

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3Cited by3 opinions

  1. Vrieze v. New Century Homes, Inc.Court of Appeals of Minnesota · 1996
  2. Doug Blaine v. City of Sartell, County of StearnsCourt of Appeals of Minnesota · 2015
  3. Klingner v. City of BrahamDistrict Court, D. Minnesota · 2001

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