MEDIA RELEASE Carver County Attorney s Office Schwichtenberg 5 7 2009

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MEDIA RELEASE Carver County Attorney s Office Schwichtenberg 5 7 2009 Powered By Docstoc
					         OFFICE OF THE CARVER COUNTY ATTORNEY
         JAMES W. KEELER, JR. COUNTY ATTORNEY




FOR IMMEDIATE RELEASE                                                           CONTACT: Jason Kuboushek
May 7, 2009                                                           Special Assistant Carver County Attorney
                                                                                                 952.548.7206


                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.

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.

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           GOVERNMENT CENTER, JUSTICE CENTER 604 EAST FOURTH STREET CHASKA, MINNESOTA 55318-2102
                                  PHONE: (952) 361-1400 FAX: (952) 361-1413

				
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