Graffunder v. City of Mahtomedi
Court of Appeals of Minnesota
1Opinion of the Court
OPINION
FORSBERG, Judge.
This appeal is from a judgment entered against a landowner on a claim of negligence, nuisance, and trespass against the respondent City of Mahtomedi following alleged recurrent backups of sewage into his basement. Trial was to the court, which determined that appellant was 70% negligent and the City 30% negligent. The court found damages of $2320. We reverse and remand the apportionment of negligence, and affirm the finding on damages.
FACTS
Appellant Otto Graffunder is the fee owner of residential property located on the east shore of White Bear Lake, in the City of…
2Cases cited8 opinions
- Lesmeister v. DillySupreme Court of Minnesota · 1983
- Estate of Serbus v. SerbusSupreme Court of Minnesota · 1982
- Adee v. EvansonSupreme Court of Minnesota · 1979
- Town of West Point v. EvansSupreme Court of Virginia · 1983
- Christopherson v. Independent School District No. 284Court of Appeals of Minnesota · 1984
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3Cited by4 opinions
- Resolution Trust Corp. v. GreenwoodDistrict Court, D. Minnesota · 1992
- Lofland v. Sedgwick CountyCourt of Appeals of Kansas · 1999
- Otto v. City of St. PaulCourt of Appeals of Minnesota · 1990
- Wolf v. State, 94-1607 (1996)Superior Court of Rhode Island · 1996