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<br />. <br /> Rhodenbaugh et al v. Citv of Bavport, 450 NW,2d 608, 618 (Minn, App 1990). <br />. 2. The basis upon which the share of the assessment burden is based is flawed. <br /> . No in-depth study of the storm water flows in the area has been conducted. <br /> . The drastic change to the topography caused by the new construction and <br /> the effect on storm water flows has not been considered. <br /> . Homeowners have no obligation to control natural water run-off from their <br /> property - and may even "burden" neighboring properties with water. <br /> "[T]he rule is that in effecting a reasonable use of his land for a legitimate purpose <br /> a landowner, acting in good faith, may drain his land of surface waters and cast <br /> them as a burden upon the land of another, although such drainage carries with <br /> it some waters which would otherwise never have gone that way ..n <br /> The trial court found that Willaby's lands are naturally drained to the north and <br /> west eventually flowing across the Elmer Evers and the Ruenity lands, Based on <br /> the reasonable use rule, Willaby has a right to drain his water by natural drainage <br /> onto the Elmer Evers and the Ruenity property, See e,g, Kallevig v. Holmgren, 293 <br /> Minn. 193, 197-98, 197 NW.2d 714, 718 (Minn, 1972); Johnson v. Aaerbeck, 247 <br /> Min 432, 437-38, 77 NW.2nd 539, 543 (1956); Enderson, 226 Minn. at 167-68,m <br />. 32 NW.2d at 289; Duevel v. Jennissen, 352, NW,2d 93, 96 (Minn. Ct. App, 1984)" <br /> Evers v. Willaby, 444 NW.2d 856 at 859 (Minn. App. 1989). <br /> 3. The city, whether directly or through its agents, has the responsibility to ensure <br /> that lots and building permits are only issued in accordance with law and pursuant <br /> to established guidelines and practices, <br /> . No subdivision of the existing lots should have been allowed without <br /> addressing drainage issues. <br /> . The city should not have allowed a building permit to be issued without <br /> investigating existing conditions, <br /> . The city should not have issued a building permit without requiring the <br /> builder or homeowner to remedy any preexisting conditions or agree to <br /> provide for adequate sewer and/or drainage with regard to the lot and <br /> surrounding property. <br /> Written Objections to Special Assessment For 2 <br /> Storm Sewer Project at <br />. 1553 Arden Place, Arden Hills, Minnesota <br /> --.-- <br />