Tomczak v. Koochiching County Highway Dept.

1999 Minn. App. LEXIS 138 (1999)

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Nature of the Case

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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.