(Download) "Cuna Mortgage v. Dean W. Aafedt and Pamela" by Supreme Court of North Dakota * eBook PDF Kindle ePub Free
eBook details
- Title: Cuna Mortgage v. Dean W. Aafedt and Pamela
- Author : Supreme Court of North Dakota
- Release Date : January 31, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
This appeal involves three separate lawsuits brought by homeowners, appellees, who built homes in an area near a tributary of the Cardwell branch stream and experienced flooding in their homes. The lawsuits were consolidated by the district court for Lancaster County. Numerous parties named as defendants settled prior to trial, leaving the City of Lincoln, appellant, as the sole defendant at trial. Appellees claimed that the city was negligent when it did not give them the most recent information regarding the flood elevations of their properties prior to building their homes and issued various permits relating to the development in which their homes were located. The city argued, inter alia, that it was immune from suit based on exceptions to Neb. rev. Stat. § 13-910 (reissue 1997) of the political Subdivisions Tort Claims Act (Tort Claims Act) and that it did not owe appellees a duty under the flood plain management statutes, Neb. rev. Stat. § 31-1001 et seq. (reissue 1998), and the State of Nebraska Department of Natural resources (Department) administrative regulations promulgated thereunder or the Lincoln Mun. Code § 27.55.040(g) (1996). The district court determined that the city owed appellees a duty and therefore the city was liable, and the court awarded damages. The district court denied the citys consolidated motion for new trial, and the city appeals. We reverse the district courts decisions and remand the causes with directions to dismiss the complaints.