Chabot v. City of Sauk Rapids

412 N.W.2d 371
CourtCourt of Appeals of Minnesota
DecidedNovember 24, 1987
DocketC5-86-2212, C7-87-357
StatusPublished
Cited by2 cases

This text of 412 N.W.2d 371 (Chabot v. City of Sauk Rapids) 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
Chabot v. City of Sauk Rapids, 412 N.W.2d 371 (Mich. Ct. App. 1987).

Opinions

OPINION

LANSING, Judge.

Sauk Rapids appeals from denial of its motion for a new trial and from a judgment that the city was negligent in failing to remedy an inadequacy in its storm sewer system, resulting in damage to David Cha-bot’s house. Chabot appeals the trial court’s computation of pre-verdict interest. We affirm in part and reverse in part.

FACTS

David Chabot purchased a house from Wilbert Landwehr in early 1983. The house had been built by Landwehr across the street from a holding pond used and maintained by Sauk Rapids as part of its storm sewer drainage system. On June 25 and 26, 1983, during a heavy rain, the holding pond overflowed and eroded the front yard of the house, exposing basement walls down to the foundation and causing structural damage to the house. The water also damaged the house interior, personal property, several mature trees, and a cement trough and drainage tile system installed by Landwehr to accommodate surface water runoff unrelated to the holding pond.

Landwehr built the house in 1972 after obtaining a construction variance from Sauk Rapids. Several city officials opposed the variance because of potential flooding. Earl Bukowski, a member of the Sauk Rapids Planning Commission, cautioned the city council and planning commission about liability for flood damage. He testified at trial that he had grown up within a few blocks of Chabot’s house and before its construction had seen water in the holding pond rise to street level. Richard Gronau, a city council member in 1972 and Sauk Rapids Superintendent of Public Works from 1980 until the present, also warned that the holding pond might overflow and cause damage.

After the variance had been granted and the house built, there was increased development in the Pleasantview watershed which caused additional runoff and drainage into the holding pond. The city also installed culverts in the watershed channeling water directly into a ditch leading to the holding pond.

From 1977 to 1980, Sauk Rapids City Engineer Mark Johnson evaluated the storm sewer system and concluded that the holding pond across from Chabot’s house acted as a dam, holding water from the Pleasantview watershed. He informed [374]*374council members that the. pond capacity was too small and could cause overflow damage. He also took council members and the street superintendent to observe the problems with the pond.

At Johnson’s urging, the city commissioned Barr Engineering to further evaluate the city’s storm sewer drainage system. Barr issued its report in 1981 identifying the holding pond as a priority project for improvement in order to prevent damage from the pond overtopping the street.

Dr. Charles Nelson conducted hydrologic studies which showed that the pond’s capacity could be exceeded with only 1.3 inches of rainfall in a half-hour period, an event which could occur at a frequency of 10 percent per year, or once every ten years. The half-hour interval is significant because all the waters in the Pleasantview watershed congregate in the holding pond within that time interval.

At trial neither Chabot nor the city established how much rain fell on June 25 and 26, 1983, because there were no rain collectors in the immediate area. The U.S. Weather Service reported heavy rain in Benton County on that day, and other witnesses testified that the rainfall was unusually heavy. Dr. Nelson testified that the heaviest it rained in any half-hour period at Sauk Rapids on June 25 and 26 was 1.4 inches. Based on the U.S. Weather Service calculations and the capacity of the holding pond, Dr. Nelson concluded that Sauk Rapids experienced a ten-year rain on June 25 and 26, 1983.

The jury found Sauk Rapids negligent and that the negligence was a direct cause of $53,000 in damages to Chabot’s house.

ISSUES

1. Did Sauk Rapids have a duty to use reasonable care in the operation and maintenance of its storm sewer system?

2. Is Sauk Rapids exempt from tort liability because of discretionary immunity and, if so, did it waive the immunity by purchasing liability insurance?

3. Was the jury verdict manifestly and palpably contrary to the evidence?

4. Did the jury improperly base the measure of damages on the diminution in value of the house, rather than on the cost of restoration?

5. Did the trial court err in not calculating pre-verdict interest from the date the action was commenced?

ANALYSIS

I

Minnesota cities have a legal duty to exercise reasonable care to keep facilities operated by them in safe condition. In Johnson v. County of Nicollet, 387 N.W.2d 209 (Minn.Ct.App.1986), we stated:

[T]he legal duties owed by municipalities as owners and operators of buildings, roadways, or other facilities * * * are analogous to those owed by private persons, and a breach of such duties can be the basis of a lawsuit against the municipality just as it can be the basis of a lawsuit against private tortfeasors.

Id. at 211 (quoting Cracraft v. City of St. Louis Park, 279 N.W.2d 801, 803 (Minn.1979)); Jackson v. City of St. Louis Park, 261 Minn. 93, 97, 110 N.W.2d 510, 513 (1961) (city must exercise reasonable care to keep streets and sidewalks in safe condition); Ondarko v. Village of Hibbing, 256 Minn. 17, 96 N.W.2d 865, 867 (1959) (city which assumes control over a gas service line has duty of care for its maintenance).

Cases have specifically held that a city is liable for failure to provide proper accommodation for surface water in its storm sewer system. Notice of the dangerous condition and any municipal action which increases the risk of harm are significant in determining liability. See Pettinger v. Village of Winnebago, 239 Minn. 156, 163, 58 N.W.2d 325, 329 (1953) (city is liable when there is notice that sewer system is inadequate, defective and negligently maintained); Greenwood v. Evergreen Mines Co., 220 Minn. 296, 303, 19 N.W.2d 726, 730-31 (1945) (city liable when it causes surface water in a natural channel to overflow onto adjoining property); Stoehr v. City of St. Paul, 54 Minn. 549, 56 N.W. 250, 251 (1898) (city liable for storm sewer [375]*375reservoir which is hazardous to persons below when city has constructive notice of potential problem with system); Pye v. City of Mankato, 36 Minn. 373, 375, 31 N.W. 863, 864 (1887) (city liable for inadequate storm gutter capacity if damaged property is put in worse condition than if there had been no gutters at all); see also National Weeklies, Inc. v. Jensen, 183 Minn. 150, 235 N.W. 905 (1931); Robbins v. Village of Willmar, 71 Minn. 403, 73 N.W. 1097 (1898); O’Brien v. City of St. Paul, 18 Minn. 176 (1872).

The dissent takes the position that the city did not “install” the pond and that the Chabot house was built in an area which was a natural water depository. The facts do not support this position.

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Related

Chabot v. City of Sauk Rapids
422 N.W.2d 708 (Supreme Court of Minnesota, 1988)
Chabot v. City of Sauk Rapids
412 N.W.2d 371 (Court of Appeals of Minnesota, 1987)

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412 N.W.2d 371, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chabot-v-city-of-sauk-rapids-minnctapp-1987.