Lawsuit over Chaska septic system dismissed

By HERÓN MÁRQUEZ ESTRADA, Star Tribune

Last update: December 11, 2007 - 8:00 PM

A lawsuit brought by a couple against a neighbor and Carver County over an allegedly malfunctioning septic system has been thrown out, the county reported Tuesday.

County officials said the suit, brought by Bruce and Darlene Schwichtenberg of Chaska, was thrown out late last month by Carver County District Court Judge Philip Kanning.

The Schwichtenbergs claimed in 2000 that a neighbor's septic system was malfunctioning and sending sewage onto their property. The couple asked the county to shut it down because, they said, it posed health risks.

The county and workers from the state Pollution Control Agency tested the system numerous times and determined that it was working properly.

Despite this determination, the Schwichtenbergs sued, seeking to have their neighbor's septic system shut down.

Bruce Schwichtenberg, who is considering an appeal of the ruling, started the suit because he believes the county did not properly inspect hundreds of "curtain drain" septic systems like that of his neighbor between 1985 and 1995.

Curtain drain systems, installed when the water level is close to the surface, are no longer allowed in Carver County.

County officials on Tuesday said they felt vindicated by the judge's decision.

"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. ... The result ultimately established that Carver County followed the law."

Herón Márquez Estrada • 612-673-4280