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Mr. Robert Overby <br />November 3, 1987 <br />Page Three <br />history of the flowage through Tartan Park. It should be the City's position on <br />this matter, however, that any action on the part of a property owner that <br />diverts water in a way injurious to another property owner is a private matter <br />between those individuals unless the land involved is owned by the City or some <br />remedial action on the part of the City has occurred to make the problem worse. <br />Finally, the first issue raised was that the Eden Park Homeowners "do not feel <br />it should be the financial responsibility of these homeowners to correct a <br />mistake which was blessed by the City". The "blessing" referred to in the <br />letter apparently consists of the "failure" on the part of the City to record <br />any objection to the plan submitted by the homeowners to the City for review or <br />approval. I have been unable to find any authority for the apparent position on <br />the part of the Eden Park homeowners that the City has acted as some sort of <br />guarantor for any damages that may result from their failure to conform to City <br />ordinances for the submitted plats. Understandably, there are no written <br />assurances on record with the City containing any such guarantees. <br />Please advise if you feel further legal analysis is required on these issues. I <br />will, of course, be available at the Council meeting to expand on any of these <br />points, if requested. <br />Sincerely, <br />RAUENHORST CARLSON &;KNAAK <br />V ederic W. Knaak <br />City Attorney <br />FWK : wj m <br />