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Troy Poetz and Chris Wills Win Summary Judgment in Property Dispute Case

Troy Poetz and Chris Wills have won summary judgment in a property dispute case between two landowners. The case arises out of alleged water damage to property owned by James and Simone Aeshliman. Mr. and Mrs. Aeshliman purchased their property in October 2006. Every spring, the Aeshlimans’ property flooded.

In 2010, with the flooding becoming worse, the Aeshlimans began investigating why the flooding was occurring. They eventually concluded that their property was flooding because of structures that Leonard and Julie Smisek installed on their property. Mr. and Mrs. Smisek own property across the street from Mr. and Mrs. Aeshliman, and there is a drainage ditch that carries water under the street and from the Aeshlimans’ property onto the Smiseks’ property.

The Aeshlimans approached the Smiseks and certain changes were made to the Smiseks’ property to fix the water problems on the Aeshlimans’ property. But by September 2013, the water problems on the Aeshlimans’ property had become worse. The Aeshlimans brought a lawsuit against the Smiseks in May 2016 that, among other things, alleged that the Smiseks allowed a nuisance to exist on their property and that this nuisance caused the water problems on the Aeshlimans’ property.

The Smiseks moved for summary judgment, arguing that the Aeshlimans’ claim was barred by the two-year statute of limitations in Minn. Stat. § 541.051. The Wright County District Court agreed and dismissed the Aeshlimans’ claim. The Aeshlimans have appealed, and the matter is currently pending before the Minnesota Court of Appeals.

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