Fagerlie v. City of Willmar

OPINION

ROBERT E. BOWEN, Judge.

Appellants Walter and Doris Bryant, Ricky and Darla Fagerlie, and approximately 18 other families seek review of summary judgments dismissing their claims allegedly founded on negligence, trespass, and nuisance, as barred by the two-year statute of limitations in Minn.Stat. § 541.051, subd. 1 (1988). Appellants assert the six-year statute of limitations for liability created by statute in Minn.Stat. § 541.05, subd. 1(2) (1986) is applicable. We affirm.

FACTS

On June 1, 1977, respondent Short, Elliott, Hendrickson, Inc. (SEH) entered into a contract with respondent…