Lenertz v. City of Minot N.D.

Summary

The North Dakota Supreme Court reviewed Allan Lenertz’s inverse-condemnation claim against the City of Minot arising from flooding allegedly caused by a street and storm-water project. The court affirmed the rulings that the evidence showed, at most, a partial taking, that the proposed expert testimony was properly excluded, and that judgment as a matter of law was appropriate. The court reversed the award of costs and disbursements to the City.

Holdings

1. The trial evidence established, at most, a partial taking or damaging of Lenertz's property, not a total taking or total loss of the property's value.
2. The district court did not abuse its discretion by excluding the proposed testimony of Lenertz's damages expert.
3. The district court properly granted the City judgment as a matter of law because Lenertz failed to present evidence establishing the specific damages or diminution in value resulting from the partial taking.
4. N.D.C.C. § 32-15-32 precludes an award of costs against a plaintiff landowner in an inverse condemnation action brought under N.D.C.C. chapter 32-15.

Questions Presented

1. Whether the evidence established a total taking or only a partial taking of Lenertz's property for inverse-condemnation purposes.
2. Whether the district court abused its discretion by excluding Lenertz's proposed damages expert under N.D.R.Ev. 702.
3. Whether the district court properly granted the City judgment as a matter of law because Lenertz failed to present evidence of the diminution in value or other specific damages from a partial taking.
4. Whether N.D.C.C. § 32-15-32 precluded an award of costs and disbursements against a plaintiff landowner in an inverse-condemnation action brought under N.D.C.C. chapter 32-15.

Disposition

other