Angell v. Hennepin County

565 N.W.2d 475, 1997 WL 370179
CourtCourt of Appeals of Minnesota
DecidedSeptember 4, 1997
DocketC6-97-75
StatusPublished
Cited by4 cases

This text of 565 N.W.2d 475 (Angell v. Hennepin County) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Angell v. Hennepin County, 565 N.W.2d 475, 1997 WL 370179 (Mich. Ct. App. 1997).

Opinions

[477]*477OPINION

LANSING, Judge.

A bicyclist injured while riding on property owned by the Hennepin County Regional Railroad Authority appeals from summary judgment based on statutory immunity. The Authority seeks review of the denial of its unimproved property immunity defense. Because the Authority failed to show the challenged conduct involved planning-level decisions, we reverse summary judgment based on statutory immunity. We affirm the ruling that the Authority is not entitled to unimproved property immunity.

FACTS

On July 16, 1995, Kathy Angelí had a bicycling accident that resulted in serious injury while riding on property owned by the Hennepin County Regional Railroad Authority (HCRRA). The property is located near Cedar Lake and has dirt trails commonly used by cyclists, although they are not maintained as cycling trails. Angelí was injured when she inadvertently rode off the end of a loading dock adjacent to one of the trails.

The HCRRA acquired the property in 1984 from the Chicago and Northwestern Transportation Company in anticipation of light-rail transit or other transportation use. The HCRRA demolished and removed some of the railroad company’s buildings, including a building around the loading dock.

Angelí sued Hennepin County, the HCRRA, the City of Minneapolis, and Minneapolis City Parks and Recreation Board alleging “negligent failure to maintain the said premises, negligent failure to warn of an ultra hazardous condition or negligent failure to erect barricades to prevent injury.” After multiple motions for summary judgment, the HCRRA is the only remaining defendant. The district court granted summary judgment in favor of the HCRRA on the basis of statutory immunity, Minn.Stat. § 466.03, subd. 6 (1996), but rejected the HCRRA’s assertion that it was entitled to unimproved property immunity, Minn.Stat. § 466.03, subd. 13 (1996). Angelí appeals the adverse statutory immunity ruling, and the HCRRA seeks review of the unimproved property immunity ruling.

ISSUES

I. Has the HCRRA demonstrated that the conduct challenged by Angell’s claims involved planning-level decisions?

II. What constitutes “improvement” of property for purposes of unimproved property immunity, Minn.Stat. § 466.03, subd. 13?

ANALYSIS

In an appeal from summary judgment, this court determines (1) whether there are any genuine issues of material fact, and (2) whether the lower court erred in applying the law. State by Cooper v. French, 460 N.W.2d 2, 4 (Minn.1990). The evidence is viewed in a light most favorable to the non-moving party. Fabio v. Bellomo, 504 N.W.2d 758, 761 (Minn.1993). Whether an immunity defense applies is a question of law subject to independent review. Johnson v. State, 553 N.W.2d 40, 45 (Minn.1996). The burden is on the party asserting an immunity defense to demonstrate that it is entitled to immunity. Rehn v. Fischley, 557 N.W.2d 328, 333 (Minn.1997).

I. Statutory immunity

A political subdivision is generally subject to liability for the torts of “its officers, employees and agents acting within the scope of their employment.” Minn.Stat. § 466.02 (1996). But if a claim is “based upon the performance or the failure to exercise or perform a discretionary function or duty, whether or not the discretion is abused,” the political subdivision is immune. Minn.Stat. § 466.03, subd. 6 (1996). This immunity is referred to as statutory immunity. See Janklow v. Minnesota Bd. of Exam’rs, 552 N.W.2d 711, 716 (Minn.1996) (clarifying that state’s “discretionary function” immunity, Minn.Stat. § 3.736, subd. 3, will be called “statutory” immunity); Watson v. Metropolitan Transit Comm’n, 553 N.W.2d 406, 412 (Minn.1996) (stating that municipality’s “discretionary function” immunity, Minn.Stat. § 466.03, subd. 6, is known as “statutory” immunity).

[478]*478The purpose of statutory immunity is rooted in the separation of powers. It is intended to prevent courts from second-guessing “ ‘policy-making activities that are legislative or executive in nature.’ ” Watson, 553 N.W.2d at 412 (Minn.1996) (quoting Nusbaum v. Blue Earth County, 422 N.W.2d 713, 718 (Minn.1988)). Because it is the exception to the general rule of governmental liability for common-law torts, statutory immunity is narrowly construed. Cairl v. State, 323 N.W.2d 20, 23 (Minn.1982).

For purposes of statutory immunity, the court distinguishes between “planning level” activity, which is protected by immunity, and “operational level” activity, which is not. Watson, 553 N.W.2d at 412. The “crucial question” in making this distinction is “ ‘whether the conduct involves the balancing of public policy considerations in the formulation of policy.’ ” Id. at 413 (quoting Holmquist v. State, 425 N.W.2d 230, 234 (Minn.1988)). “[Statutory] immunity protects the government only when it can produce evidence its conduct was of a policy-making nature involving social, political, or economic considerations, rather than merely professional or scientific judgments.” Steinke v. City of Andover, 525 N.W.2d 173, 175 (Minn.1994).

The first step in deciding whether statutory immunity applies is the identification of the “precise governmental conduct in question.” Id. The governmental conduct Angelí challenges is the failure to inspect the HCRRA-owned property near Cedar Lake, the failure to warn of a hazardous condition, and the failure to erect a barricade. Our inquiry is whether that conduct resulted from the county’s performance or failure to perform a discretionary function; in other words, whether the HCRRA made a planning-level decision to leave the land idle and closed to the public and therefore had no reason to survey the land for dangers.

We do not doubt that the creation of a management plan for HCRRA land involves the balancing of policies and is the type of planning-level decision that statutory immunity is intended to protect. It is not our function to review such legislative- or executive-type policymaking. See Nusbaum, 422 N.W.2d at 719 (“While * * * labels [i.e., ‘planning’ vs. ‘operational’] are helpful in determining whether government action or inaction is protected under the discretionary function exception, a court should always have at the forefront the idea that the exception seeks to protect policy-based decisions and prevent the impairment of effective government.”). But the HCRRA has failed to carry its burden of demonstrating that the challenged conduct resulted from a planning-level decision to leave the land idle and closed to the public. See Rehn, 557 N.W.2d at 333 (burden is on party asserting entitlement to immunity); Steinke,

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Angell v. Hennepin County
565 N.W.2d 475 (Court of Appeals of Minnesota, 1997)

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Bluebook (online)
565 N.W.2d 475, 1997 WL 370179, Counsel Stack Legal Research, https://law.counselstack.com/opinion/angell-v-hennepin-county-minnctapp-1997.