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There is the possibility that the city may be subject to a <br />claim from a person that was injured and then alleged that the <br />injury was related to the fact that the mobile home park's <br />evacuation plan which was approved by the city was inadequate. <br />Minn. Stat. 327.24 authorizes such a private action. There are <br />defenses available,. however. The most obvious one is that the <br />plan was adequate. There is also an immunity provision in the <br />Minnesota Municipal Tort Liability Statute which states that a <br />city is immune from liability for "Any claim for a loss based <br />on the failure of any person to meet the standards needed for a <br />license, permit or authorization issued by the municipality or <br />its agents." Minn. Stat. 466.03 subd. 10. This provision was <br />passed in 1986 in response to a case where a county was held <br />liable for injuries at a day care center because it licensed <br />that center. Andrade v. Ellefson, 391 N.W. 2d 836 (Minn. <br />1986). The city's decision is a discretionary decision that <br />involves many factors and that may provide a basis for immunity <br />also under the statute. Minn. Stat. 466.03 subd.6. <br />As this question does involve legal issues, I am sending a <br />copy of it to your city attorney. I hope that this information <br />is helpful. I apologize again for the delay in answering your <br />question. If you have any further questions, please contact <br />me. <br />Sincerely, <br />Ca\ flv4vv <br />Ellen A. Longfellow <br />LMCIT Staff Attorney <br />enclosures <br />cc. Thomas Sweeney <br />Little Canada City Attorney <br />Page 20 <br />