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, ' E for injury or loss of natural resources. Under Minn. Stat. § 115B.05, the person responsible for the release of the r Based on this section, the City of St. Anthony ti hazardous substance is also strictly liable, jointly and 4 has six (6) years from the date the cause of action accrues i severally, for damages for death, personal injury or disease or the date of discovery of the injury or loss to bring a and economic loss resulting therefrom. In its Complaint, claim under MERLA. the City of New Brighton alleges that the defendants are III. COMMON-LAW CLAIMS the persons responsible for the release of hazardous substances I F. Strict Liability within Minn. Stat. §§ 115.04 and 115B.05 of MERLA, and that The City of New Brighton has additionally plead the City has incurred response costs for which the defendants several common law claims, including the defendants' strict are liable as a result of the release of these hazardous liability for non-natural, abnormally danagerous, or ultra- substances by the defendants. hazardous activities at TCAAP and Butcher's Spur. The Complaint MERLA contains a statute of limitations, found alleges that the defendants have caused damages to the City in Minn. Stat. § 1158.11. Under that provision, no person for which they are strictly liable for maintaining these may recover, pursuant to Minn. Stat. §§ 115B.01 to 115B.15, ultra-hazardous activities. unless the action is commenced within six (6) years from Minn. Stat. § 541.01 provides that actions can the date that the cause of action accrues. In MERLA, the only be commenced within the periods described in the statute statute further states that in determining when the cause after the cause of action accrues, except when a different of action accrues for an action to recover damages for death, limitation is prescribed by other statutes. (These limitations personal injury or disease, the court is to consider the apply to actions by or on behalf of the state and its political following factors: (a) when the plaintiff discovered the subdivisions, including the City of St. Anthony.) The precise injury or loss; (b) when any personal injury or disease has statute of limitations that would apply to property damage sufficiently manifested itself; (c) when the plaintiff discovered based on common law claims under Minn. Stat. Chapter 541 or using due diligence should have discovered the causal is not entirely clear. connection between the injury, disease or loss and the release Minn. Stat. § 541.05 provides a six (6) year statute of a hazardous substance. of limitations for trespass upon real property or for any - 11 - 10 -