Christopherson v. City of Albert Lea

Respondents Mark R. and Karrie K. Christopherson sued appellant city Albert Lea, alleging the city was liable on several theories for damage to their home resulting from sewer backup. The city brought a motion for summary judgment. The district court granted a portion of the motion, dismissing respondents’ theories of breach of contract and a taking of property without just compensation. But the district court denied the portion of the city’s motion seeking an immunity-based summary judgment under Minn.Stat. § 466.03, subd. 6 (2000). The city appeals, alleging that the conduct at issue-the…