Lenertz v. City of Minot N.D.

by
Allen Lenertz appealed the dismissal of his claim for inverse condemnation against the City of Minot and awarding the City costs and disbursements. Between 2013 and 2014 the City installed a paved street and upgraded the storm water system adjacent to Lenertz's commercial property in southwest Minot. Lenertz's property subsequently suffered three flooding events. In 2016 Lenertz sued the City for inverse condemnation, alleging the City's actions in constructing the street and storm sewer system caused past and future flooding of his property and resulted in a total taking of his property. The City denied a taking occurred and raised affirmative defenses. The North Dakota Supreme Court concluded the district court: (1) did not err in ruling Lenertz established only a partial taking of his property; (2) did not abuse its discretion in denying his proposed expert witness's testimony; and (3) did not err in granting the City judgment under N.D.R.Civ.P. 50. The court did abuse its discretion, however, in awarding the City costs and disbursements. View "Lenertz v. City of Minot N.D." on Justia Law