DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
093223P.pdf 12/15/2010 The Minch Family LLLP v. Buffalo-Red River Watershed
U.S. Court of Appeals Case No: 09-3223
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Riley, Author, with Clevenger and Colloton, Circuit Judges]
Civil case. District court erred in holding that the action was barred by
the Rooker-Feldman doctrine; the court also erred in finding plaintiffs'
claims for trespass, nuisance and wrongful death were precluded by either
collateral estoppel or res judicata principles; state court order allowed
defendants to access the area surrounding a ditch in order to perform a
clean-out, and plaintiffs could not state a claim for trespass; nuisance
claim failed as plaintiffs failed to allege an interference with their use or
enjoyment of the land; plaintiffs failed to state a claim for wrongful
death as defendant did not breach any duty of care.