Myron D. Lhotka v. United States

GOLDBERG, Judge.

Appellants Myron Lhotka, Darlene Lhotka, and Elroy Hanson 3 (“Lhotkas”) appeal the district court’s grant of summary judgment in favor of the United States Fish and Wildlife Service, dismissing their state law tort claims of trespass and nuisance. The district court granted summary judgment because it determined (1) that the Lhotkas’ claims were time-barred under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 2401(b) (1988), and (2) that the Lhotkas’ claims failed to state a prima facie case of either trespass or nuisance under Minnesota state law.

Because we find that the…