Magnolia 8 Properties, LLC v. City of Maple Plain

OPINION

HALBROOKS, Judge

Appellant challenges the district court’s denial of its summary-judgment motion, arguing that it is entitled to statutory immunity on all claims. Because respondent challenges two separate instances of governmental conduct and we conclude that only one entitles appellant to statutory immunity, we affirm in part, reverse in part, and remand.

FACTS

Respondent Magnolia 8 Properties, LLC (Magnolia), owns a building that contains commercial and residential space on the corner of Main Street and Budd Avenue in appellant City of Maple Plain. In January 2011, a leak from the…