Nylund v. Carson City

34 P.3d 578, 117 Nev. 913, 117 Nev. Adv. Rep. 74, 2001 Nev. LEXIS 77
CourtNevada Supreme Court
DecidedNovember 21, 2001
Docket35551
StatusPublished
Cited by9 cases

This text of 34 P.3d 578 (Nylund v. Carson City) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nylund v. Carson City, 34 P.3d 578, 117 Nev. 913, 117 Nev. Adv. Rep. 74, 2001 Nev. LEXIS 77 (Neb. 2001).

Opinions

OPINION

By the Court,

Agosti, J.:

This case arises from the 1996-1997 winter flood in Carson City, Nevada. Attempting to control the flood, Carson City decided to channel the waters down East Fifth Street. Some of the water overflowed from the city’s storm drainage system and flooded Terry and Mary Ann Nylund’s condominium. The Nylunds sued Carson City, alleging, among other things, that the city was negligent in its handling of the flood and that the city’s storm drainage system had design and maintenance defects. We must determine whether NRS 414.110, the emergency management immunity statute, shields Carson City from liability in this case. We conclude that it does.

FACTS

The winter of 1996-1997 was the third wettest in Nevada’s recorded history. Rains and melting snow produced an enormous quantity of surface water that began to flood portions of residences and businesses in Carson City. In response, the city manager declared the situation an emergency disaster and requested the State’s assistance.

Carson City employees determined that sandbagging certain areas — in order to channel the water down East Fifth Street along its natural, eastbound course toward the Carson River — was the best way to control the floodwaters. On January 1, 1997, flood-waters flowing down Fifth Street overflowed storm drains, ran across the adjacent properties of the Order of Eagles and the Carson Park Condominiums, and eventually flooded the Nylunds’ condominium.

One year later, the Nylunds sued Carson Park Condominium Homeowners Association, the Carson Aerie No. 1006 of the Fraternal Order of Eagles, and Carson City. The Nylunds alleged [915]*915causes of action in trespass, nuisance, wrongful channeling of waters, and negligence against the defendants.

In response, Carson City moved for summary judgment. Carson City argued that it was immune from liability for its emergency management activities under NRS 414.110 and for its pre-flood activities under NRS 41.032 and NRS 41.033. Carson City supported the motion with the affidavits of two city employees, climatological reports, and records showing that the city had declared the flood an emergency.

The Nylunds opposed the motion based on NRCP 56(f), arguing that they needed more time to conduct discovery. In their opposition, the Nylunds alleged that Carson City knew as early as 1983 that its storm drain system had certain design or maintenance defects. In support of that allegation, the Nylunds offered a 1983 report sent to the city manager, written by a Carson City employee who had investigated a previous flood at the Carson Park Condominiums. The report alerted the city manager to “a low spot at Como and Saliman which floods during unusual rain storms” that may have contributed to the previous flood. The report also expressed concern that the city could be held liable for its “failure to provide adequate drainage flow.”

The district court denied the Nyland’s request for additional discovery and granted Carson City’s motion for summary judgment, concluding that there was no issue of material fact because Carson City was completely immune from suit under NRS 414.110.

The Nylunds appealed.

DISCUSSION

Scope of immunity for emergency management activities under NRS 414.110

On appeal, the Nylunds contend that the district court misapplied the emergency management immunity statute by failing to distinguish between the Nylunds’ allegations regarding the city’s negligence in handling the flood, and their allegations regarding the city’s negligence in its pre-flood activities. In particular, they argue that the city’s pre-flood activities, such as its design, operation, and maintenance of the storm drains, are not activities related to emergency management, and therefore are not covered by the immunity created in NRS 414.110.

In reviewing the district court’s grant of summary judgment, we must decide whether the district court has properly read and [916]*916applied the law, a question we review de novo.1 Summary judgment is only appropriate in the absence of a genuine issue of material fact.2

NRS 414.110, the statute upon which the district court granted summary judgment, immunizes government entities from liability arising out of emergency management activities:

1. All functions under this chapter and all other activities relating to emergency management are hereby declared to be governmental functions. Neither the state nor any political subdivision thereof nor other agencies of the state or political subdivision thereof ... is liable for the death of or injury to persons, or for damage to property, as a result of any such activity.

To resolve the issue the Nylunds present, we must construe NRS 414.110. When construing statutes, we seek to give effect to the legislature’s intent.3 To do so, we first look to the plain language of the statute.4 But if the statutory language is ambiguous or otherwise does not speak to the issue before us, we construe it according to that which “reason and public policy would indicate the legislature intended.”5 Also, we may infer legislative intent by reading a particular statutory provision in the context of the entire statutory scheme.6

Turning first to the plain language of NRS 414.110, we note that it does not specifically address the issue at hand — whether a government entity can claim immunity under the statute for its pre-emergency negligence that contributed to damage caused by later emergency management activities.

But we can infer the legislative intent from the other sections of the same statutory chapter. The express purpose of NRS Chapter 414 is to empower the State and local governments to prepare for and swiftly respond to emergencies and disasters that imperil life and property, such as fire, flood, earthquake, and enemy attack.7 To this end, the legislature granted immunity for [917]*917“death of or injury to persons, or for damage to property” that result from negligence in managing an emergency.8 The sound public-policy reasons behind this language are apparent. An emergency is a sudden and unforeseen crisis,9 and the damage it causes can spread quickly.

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Nylund v. Carson City
34 P.3d 578 (Nevada Supreme Court, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
34 P.3d 578, 117 Nev. 913, 117 Nev. Adv. Rep. 74, 2001 Nev. LEXIS 77, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nylund-v-carson-city-nev-2001.