County wins septic lawsuit

Carver County prevailed in a lawsuit brought by a Dahlgren Township couple against the county and their neighbors involving a septic system, according to a Carver County news release. 

On November 28, Carver County District Court Judge Philip Kanning dismissed all of the couple’s claims against the county and their neighbors, ruling that the lawsuit was without basis. 

            The lawsuit stemmed from Bruce and Darlene Schwichtenbergs’ allegation, dating back to 2000, that their neighbor’s septic system was discharging sewage on to their property and, therefore, constituted an imminent threat to public health or safety. 

On Tuesday, Bruce Schwichtenberg said he’s exploring options to appeal the ruling.

 Both the county and Minnesota Pollution Control Agency determined the septic system was operating properly and was in compliance with all applicable environmental regulations, the news release said.  Despite this determination, the Schwichtenbergs commenced the lawsuit seeking to have their neighbor’s septic system shut down. 

“In light of this overwhelming evidence, we are not surprised that the court dismissed all of the claims,” said Special Assistant Carver County Attorney Jason Kuboushek.  “The county is certainly pleased with the result.  Although the county had to expend significant time and resources to successfully defend this matter, the result ultimately established that Carver County followed the law,” he said.