Negligence – Public Duty Doctrine

cassiejohnson//June 19, 2015//

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In this appeal arising out of flood damage to appellant’s property, appellant challenged summary judgment for respondent county on appellant’s claims of negligent maintenance, operation, or inspection; trespass; nuisance; and taking without just compensation or due process of law. The Court of Appeals held that (1) the public-duty doctrine does not defeat a negligence claim based on a municipality’s breach of its common-law duty of reasonable care arising from its status as the owner or operator of a real-property improvement; and (2) a municipality is not entitled to statutory immunity against a claim based on municipal policy-making conduct that is patently unlawful, unless the plaintiff reasonably can be charged with knowledge that the municipality’s conduct is unlawful. Affirmed in part, reversed in part, and remanded.

A14-1697 Blaine v. City of Sartell (Stearns County)

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