Patrick Sheedy, et al., Appellants, vs. Mower County, Respondent. This opinion will be unpublished and may not be cited except as provided by Minn. Stat.
Summary judgment is proper because respondent is protected from liability by statutory immunity.
When applying for a residential building permit from Mower County, Patrick Sheedy claimed that he did not know his property was located in a flood plain. Mower County claims, however, that Sheedy said his property was not located in a flood plain when he submitted his building permit application. The Sheedys proceeded to build a home on the property after Mower County issued them a residential building permit. In the fall of 1994, the Sheedys became aware that their home and nine neighboring homes were built within the flood fringe of a flood plain. Importantly, the Mower County Flood Plain Ordinance provides that no structure shall be built in the flood fringe unless it complies with the terms of the ordinance.