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.
102241P.pdf 08/29/2011 Minch Family LLLP v. Estate of Gladys I. Norby
U.S. Court of Appeals Case No: 10-2241
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Smith, Author, with Arnold and Shepherd, Circuit
Judges]
Civil case. In dispute alleging defendant's dike caused flooding on
plaintiff's property, the district court did not err in finding that the claims
were barred by the two-year statute of limitations contained in Minnesota
Statutes Sec. 541.01, neither the fifteen-year period contained in Sec.
541.02 nor the six-year period contained in Sec. 541.05 applied; district
court did not err in finding the claims accrued in 2000 when the plaintiffs
first experienced flooding from the dike; no exceptions tolled the
limitations period; claim that the district court abused its discretion by
denying plaintiff's motion to amend the complaint was moot in light of the
court's holding on the statute of limitations issue.