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CC PACKET 09251984
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CC PACKET 09251984
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Last modified
12/30/2015 3:59:52 PM
Creation date
12/30/2015 3:59:16 PM
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SP Box #
16
SP Folder Name
CC PACKETS 1981-1984 & 1987
SP Name
CC PACKET 09251984
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1 <br /> The Eighth Circuit's flexible interpretation of of 1981, the City of New Brighton was advised both of the <br /> when a cause of action accrues has been followed in other ! presence of. contaminants in its city wells and the recommendation <br /> jurisdictions and is generally employed when the nature of that certain wells in the City be closed. Thus, in their <br /> the injury is such that there are no immediate manifestations case, their cause of action clearly accrued in the summer <br /> of damages on which to seek redress. In• such 'instances, of 1981 when they received a letter from the Minnesota Department <br /> courts look not to the 'date of injury, but rather to when of Health advising them of the contaminants and the need <br /> the plaintiff had reason to know that. he had been injured. to close the wells. In St. Anthony's case, the City received <br /> Portis v. United States, 483 F.2d 670 (4th Cir. 1973). This notice in the summer of 1982 that low level volatile organic <br /> rule does not, however, allow one who knows that an injurious compounds were found in Well No. 3. In early 1984, perhaps <br /> tort has been committed against him to delay in filing a March, the City received a letter from the Minnesota Department <br /> suit until the time, however long, that the precise extent of Health recommending that Well No. 3 be removed from service. <br /> of damages are known. The running of a statute of limitations However, since October 1983, the City has not used Well No. <br /> does not await a determination of the full extent of injury. 3 due, apparently, to the increasing levels of volatile organic <br /> 483 F.2d at 673. In fact, for purposes of determining when compounds. <br /> the statute of limitations starts to run, damages are no Based on the foregoing, the date St. Anthony's <br /> longer speculative when there is enough evidence to allow cause of action accrued may be the date on which it received <br /> the issue to go to the jury . . . even though better evidence notice that its wells had become contaminated, namely the <br /> of damage might become available at a later time. Monona summer of 1982, or the date on which either the City ceased <br /> Shores Inc. v. United States Steel Corporation, 374 F. Supp. to use Well No. 3, namely October 1983, or the date the Minnesota <br /> 930 (D. Minn. 1973). Department of Health recommended that the well be removed <br /> Based on the foregoing, the City of St. Anthony's from service, namely, early 1984. <br /> cause of action accrued when it first discovered or through It is reasonable for St. Anthony to treat October <br /> due diligence could have discovered its groundwater contamination 1983, when it first ceased to use Well No. 3 and damages <br /> i <br /> problem. The experience of the City of New Brighton is somewhat j manifested themselves, as the date its cause of action accrued, <br /> distinct from that of the City of St. Anthony. In the summer + rather than the date it received the Minnesota Department <br /> 1 <br /> 16 - j - 17 - <br /> t <br /> • .. ,y„� 1 > , .err � ---r-(^�.-'-"-- , <br />
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