Car owner calls it a snow job

Julie Sucky knew her family would have some digging out to do that morning in December when 6 inches of snow fell in Maple Grove.

But she wasn't expecting to find her 2009 Hyundai encased in an avalanche of ice and snow, the unintended victim of a passing snowplow.

Though her vehicle was parked in the driveway -- 11 feet from the curb -- Maple Grove officials refused to pay for an estimated $1,600 worth of damage. The reason: Sucky's car was too close to the street, in a no-fault zone where city workers are allowed to erect street signs or perform other chores needed to keep streets safe and utilities functioning.

"Are you kidding me?" Sucky said recently, standing where her car had been parked the day of the accident. "I mean we're not talking about a couple of feet here. I have never heard of anything like this before."

Maple Grove officials said it's not their fault when property owners don't learn rules that limit the city's liability. In Maple Grove, the city's right of way usually extends 15 feet from the curb.

"Each property owner should have a good idea" of where that line is, said Ken Ashfeld, Maple Grove's director of public works. "Anybody who needed to know could easily find out by calling us."

Damage claims involving mishaps in right-of-way zones are fairly rare, according to the League of Minnesota Cities, which was unable to provide hard data.

"I wouldn't be surprised to see a higher number this year given how much snow we've had this winter," league spokeswoman Stephanie Weiss said.

Weiss said all communities have the right to perform work on certain portions of private property in order to maintain streets and public utilities. In St. Paul, the right of way can extend anywhere from 10 to 25 feet, depending on the part of town. In Minneapolis, that distance is generally between 10 to 14 feet.

"Certainly we get complaints about where we put the snow; I think every city gets that," said Heidi Hamilton, deputy director of public works in Minneapolis. "But I think we have fewer complaints about the right of way because our sidewalks give people a better idea that the space is public."

Sucky, whose garage is full of snowmobiles and other equipment in the winter, said it's difficult to fit all of her family's vehicles in the driveway without crossing into the city's right-of-way zone.

"This means most people can't even park two cars in their driveway without being at risk ... It's crazy," Sucky said.

On that day in December, she had three cars in the driveway: her Hyundai, which was closest to the street, and two other vehicles, which were parked side by side next to the garage. The Hyundai had less than 10,000 miles on it. Sucky said she usually doesn't drive the Hyundai this time of year because it's "not really built for winter driving."

Sucky said she didn't know her Hyundai had been damaged until after her son and her nephew finished digging out the vehicle. A piece of the Hyundai's front bumper was buried in the snow. Her air conditioner was also damaged. A trip to the body shop revealed that balls of ice and snow gouged a hole in the air conditioning unit, located below the bumper.

Sucky said she didn't know the city wasn't liable for damage within 15 feet of the curb. She said Maple Grove officials should make it easier for residents to learn the rules.

Like other communities in the Twin Cities, Maple Grove's official website answers lots of questions about snow, such as: How many miles of street does the city plow? Or: Why does the snowplow deposit snow at the end of my driveway? But the city provides no information about the rules that govern right-of-ways.

Ashfeld said the information is not posted because the distance covered by the city's right of way can vary from property to property.

Maple Grove street superintendent Rod Keller, who was called to assess the damage to Sucky's car, said the city would have paid for repairs if officials believed the damage was caused by a city plow. They don't, he said.

"There's no sense of lying about something like this," Keller said.

Sucky said she's telling the truth.

"I don't have anything to lie about," said Sucky, who expects insurance to cover all but $500 of her repair bill. "I just want it to be known what they're doing."

Luke Feuerherm is a University of Minnesota student on assignment for the Star Tribune.