City of Plymouth v. Hildania Kristensen

Syllabus

In this code-enforcement action, appellant property owner Hildania Kristensen challenges the grant of summary judgment in favor of respondent City of Plymouth. In her principal brief, Kristensen argues that the district court made errors of law (1) in applying Plymouth's city code and (2) when it ordered injunctive relief requiring her to restore her property to a condition that would allow water to flow across her backyard in accordance with the city's grading and erosion control plan. In her reply brief, Kristensen argues for the first time that the district court erred by granting summary judgment because genuine issues of material fact exist. The city moved to strike Kristensen's reply brief on the ground that it exceeds the scope of the city's response brief. We conclude that the district court did not commit legal errors as argued by Kristensen. And, because we deem Kristensen's arguments in her reply brief forfeited, we do not consider whether the district court erred by concluding that there is no dispute of material fact. We therefore affirm summary judgment in favor of the city. We deny as moot the city's motion to strike Kristensen's reply brief.