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liability created by statute. The six (6) year statute is that their conduct constitutes a nuisance because the City also applied to any injury to personal property, but there has suffered a substantial interference with the free use is no other provision related to damage to real property. and enjoyment of its land. The nuisance claims are based Minn. Stat. § 541.07 provides a two (2) year statute of limi- I on two statutes, namely Minn. Stat. § 561.01 and Minn. Stat. tations for torts, such as strict liability, resulting in § 115.071, but also can be based on common law. The first personal injury, but contains no provisions with respect authorizes any individual to bring a private nuisance action to property damage. Because the statute is not specific and the later authorizes the enjoining of a public nuisance. with respect to the application of the two (2) year statute There is no statute of limitations in the nuisance statutes; of limitations, it would appear that the six (6) year statute therefore, presumably the six (6) year statute of limitations will apply. found in Minn. Stat. § 541.05, subd. 1(2) will apply. G. Negligence I. Trespass The City of New Brighton alleges in its Complaint The City of New Brighton has also asserted a trespass that the defendants were negligent in the storage and disposal claim, namely that defendants' activities at TCAAP and Buther's of hazardous waste or in permitting the storage and disposal Spur have caused contaminants to migrate into the City's of hazardous waste at TCAAP and Butcher's Spur. They claim water supply, unauthorized by the City, which has caused that the defendants had a legal duty to exercise reasonable damages. care in all phases of the disposal of hazardous waste and As noted previously, Minn. Stat. § 541.05, subd. 1, that their failure to conform their conduct to the standard creates a six (6) year statute of limitations for a trespass resulted in actual injury and damage to the City. upon real property. The same statute of limitations questions exist J. Riparian Rights for bringing a negligence claim as for the strict liability The City of New Brighton asserts in its Complaint claim discussed above. It appears that the applicable statute that the defendants have breached their duty as riparian of limitations is six (6) years. owners to make reasonable use of the groundwater also used H. Nuisance The City of New Brighton has brought public and private nuisance claims against the defendants asserting - 13 '- - 12 - t