Eric Oelrich Obtain a Successful Result at the Minnesota Court of Appeals
The case involved a property dispute between adjacent landowners. Our clients initially commenced an action against their neighbors alleging that the neighbors’ alterations to their property resulted in the flooding of our clients’ home. The neighbors then brought counterclaims against our clients that included claims for negligence, nuisance, trespass and civil assault. We were retained to defend the counterclaims. Eric Oelrich handled the case at the district court level in Otter Tail County, Minnesota and obtained summary judgment in favor of our clients on all of the counterclaims. The neighbors appealed and the Minnesota Court of Appeals affirmed the district in total, except for remanding the case back for trial on “nominal” trespass damages. Minnesota law is not clear on what constitute “nominal damages”, but some case law examples are $1, $5 and $100. After the case was remanded for a trial on “nominal” trespass damages, the case was resolved through settlement.