Monday, August 29, 2011

Eighth Circuit -- Minch Family LLLP v. Estate of Gladys I. Norby

Where a flood damage claim is based on the construction of a dike, the 6-year trespass SOL is superseded by the 2-year real estate improvement SOL.  

Claim based on flooding of neighbors field doesn't get the 15 year adverse possession SOL.

First flood is the accrual date.

Continuing trespass exception doesn't apply.

No tolling for time seeking administrative relief against what seems to be some sort of state agency.  [Again folks, this is quick work.]

Minch Family LLLP v. Estate of Gladys I. Norby
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.