Court of Appeals Affirms Dismissal of Schwichtenberg Lawsuit  

On May 5, 2009, the Minnesota Court of Appeals affirmed Carver County District Court Judge Philip Kanning’s decision dismissing Bruce and Darlene Schwichtenberg’s lawsuit against Carver County and the Schwichtenberg’s neighbors, according to a release from Carver County.

This lawsuit stemmed from the Schwichtenbergs’ allegation, dating back to 2000, that their neighbors’ septic system was discharging sewage on to their property and, therefore, constituted an imminent threat to public health or safety.  In response to the Schwichtenbergs’ complaint, Carver County, along with the Minnesota Pollution Control Agency, visited the Schwichtenberg property and the neighbors’ property numerous times between 2000 and 2004.  Both the County and the MPCA determined the septic system was operating properly and was in compliance with all applicable environmental regulations.  Nonetheless, the Schwichtenbergs commenced this litigation seeking to have the neighbors’ septic system shut down.  During the course of the litigation, two other independent tests demonstrated the septic system was operating properly.  In light of this overwhelming evidence, the Court of Appeals determined Judge Kanning properly dismissed all of Schwichtenbergs’ claims.

 “While not unexpected, the County is pleased with the result.  Over the course of almost five years, Carver County expended significant time and expense successfully defending this matter at both the District Court and Court of Appeals.  The result ultimately demonstrated that the County followed the law.  As always, Carver County will continue its efforts to ensure there is compliance with its ordinance and all applicable environmental rules and regulations,” said Special Assistant Carver County Attorney Jason Kuboushek.