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11-10-1997 Council Packet
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11-10-1997 Council Packet
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r CHABOT T. cm* OF SAUK RAPIDScut M 422 S.WJd 701 (Minn. lf«)cause it is idenufied as a planning decision. Minn. 549. 553. 56 N.W. 250, 251 Rather, it is immune because the specific Minn. 711naincr, it is luiniu... ------- ■function involves policy-making that can be made only by the legislative or exwuuve branch of the government. Where the policy-making involves a balancing of social, <br />political, or economic considerations, the <br />conduct is immune as a discretionary func <br />tion. *rhe challenged conduct here was <br />clearly of a policy-making nature. Govern- <br />menul immunity would, therefore, apply <br />under the discretionary function exception. <br />Minn.Sut § 466.03. subd. 6 (1986). <br />(3] However, a city may waive immuni <br />ty by the purchase of liability insurance <br />under Minn.Stat § 466.06 (1982). The cixy <br />had such insurance here. Thus, the sole <br />(1S93)(city liable for negligent maintenance of storm sewer which caused clogging of cul- vert and subsequent f)oodin£]^In short, the cases relleo upon by the court of appeals establish municipal tort liability for <br />either intentional or negligent actions <br />which divert the natural flow of water, <br />causing damage to orooeru- which would <br />not normally be in its path. \ In the present <br />?ase, however, (ihabot's property was dam <br />aged because it was in the path of the <br />natural flow of water from the holding^ <br />^ondj Th<iere was no evidence that tne <br />I WWW—-— ^ <br />city's actions in any way changed the di <br />rection of the water’s natural flow, causing^ <br />had such insurance here, y*""*^^* L°mg^d*^lS!S^IoSi <br />issue cUy ‘wL X the natural flow of water onto Chabofs <br />uururu v* paw* —— - <br />gent, tl.at is. under the facts as presented, <br />whether it possessed and breached a duty <br />of care to Chabot We thmk that it did not <br />Merely because an accident occurs and <br />/.umunity is waived does not. in and of <br />itself, establish liability of a municipality. <br />I'he statute merely waives the city s immu <br />nity defense. It does .lot create tort liabili <br />ty where none existed prev-icusly. Plainuff <br />still has the burden to s'now what acaon or <br />inaction const: cuted negligence on the part <br />of the city, entitling the plaintiff to recover. <br />While it i.s true that the city has the duty to <br />exercisv reasonable care to maintain its <br />facihiies in a safe condition, see Cracrafi v. <br />C iy of St Louis Park, 279 N.W.2d 801. <br />o03 (Minn.1979). that general rule is inap <br />plicable to the facts of this case. <br />[41 None of the cases cited by the ma <br />jority below present the issue raised under <br />these particular facts. In Pettinger v. Kt/- <br />lage of Winnebago. 239 Minn. 156. 162. M <br />N W 2d 325, 329 (1953). for example, the <br />city was found liable for its negligent fail <br />ure to repair and maintain an inadequately <br />designed sewer system. Similwly. m <br />Greenwood ». Evergreen Mines Ca, <br />Minn. 296. 303. 19 N.W.2d 726. 730-31 <br />(1945), the city was held liable for its neglh <br />gent affirmative actions which blocked the <br />natural outlet of a lake, causing overflow <br />and flooding on the plaintiffs <br />Sec aUo Stoehr v. City of St Paul, 54 <br />property, as was established in the preced <br />ing cases, the city ’s liability here appears <br />to have been predicated on its failure to <br />divert or hold back the natural flow of <br />water. That is not the basis of liability <br />which has oeen e'.tablished under Minneso <br />ta tort law. <br />A case which appears to be more similar <br />to the present facts is Roche v. City of <br />Minneapolis, 223 Minn. 359, 27 N.W.2d 295 <br />(1947), not cited by the court below. Roche <br />held that a city is not liable for water <br />damage to private property, despite the <br />inadequacy of its drainage system, when <br />the private property was the natural depos <br />itory of the water discharged. Relying <br />upon esUblished principles of tort law, the <br />court found that, when the city had not <br />unnecessarily discharged water upon pri <br />vate property, it cannot be held liable for <br />fining to prevent a natural result. A city <br />is not required to be an insurer for all <br />water damage from the natural flow of <br />surface water. As the court said in Roche : <br />“The only complaint plaintiffs can make is <br />that the municipality did not do more and <br />wholly relieve the premises of surface and <br />infiltrated water." Id. at 365, 27 N.W.M <br />at 298. The court in Roche found no liabili <br />ty for water damage when the city had not <br />gathered surface waters into a Iwge body <br />anc erst them in large quantities in an area <br />where they did not previously flow. Id.
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