TOMCZAK V. KOOCHICHING COUNTY HIGHWAY DEPT.
1999 Minn. App. LEXIS 138 (1999)
NATURE OF THE CASE: Tomczak (P) appealed a judgment that dismissed their claim, which
alleged County (D) breached a contract and that also imposed sanctions for Ps' motions for
reconsideration.
FACTS: Water levels were rising in a gravel pit near Ps' home. At a county board meeting,
Ps who lived near the gravel pit voiced their concerns. D told them that the effects of the
rising water in the pit were their responsibility as private landowners. The county engineer
thought that pumping water from the pit to lower the water level by two feet might solve the
problem. D authorized the highway department to furnish a pump at the D's expense. P stated
that she and her husband would furnish a site for the pump and that they would keep it
filled with fuel and oil. D's engineer told P she had to sign a paper saying [she] wouldn't
sue as long as they were pumping. D was concerned about liability arising from pumping the
pit. The engineer obtained a release from Ps. It stated: 'In exchange for Koochiching County
furnishing a pump to dewater the abandoned gravel pit near my property, we agreed to
maintain the pump by fueling and checking the oil when necessary and waived all liability to
the County for any action, damages, or injury that is caused by pumping the pit.' D supplied
pumps but they were not sufficient to fix the issue. D stopped pumping because a heavy
volume of water had washed out a catch basin and another landowner complained that the
pumping caused flooding on his property. Ps house was flooded. P sued D and the court
dismissed their claim holding there was no contract. Ps motioned for reconsideration and got
sanctioned. This appeal resulted.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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