Cited by

Opinions in Minnesota that cite In Re Assessment for Improving Superior Street, 216 N.W. 318.

42 citing documents.

First Baptist Church of St. Paul v. City of St. Paul 884 N.W.2d 355 Minn. 2016
First Baptist Church of St. Paul v. City of St. Paul 884 N.W.2d 355 Minn. 2016
in Duluth, 172 Minn. 554, 561, 216 N.W.
American Bank of St. Paul v. City of Minneapolis 802 N.W.2d 781 Minn. Ct. App. 2011
American Bank of St. Paul v. City of Minneapolis 802 N.W.2d 781 Minn. Ct. App. 2011
in Duluth, 172 Minn. 554, 566 , 216 N.W.
Anderson v. City of Bemidji 295 N.W.2d 555 Minn. 1980
Anderson v. City of Bemidji 295 N.W.2d 555 Minn. 1980
Cloud, 295 Minn. 428, 432-35 , -36 (1973); Village of Edina v. Joseph, 264 Minn. 84, 95, 99 , 819 (1962); In re Improvement of Superior Street, Duluth, 172 Minn. 554, 560 , 216 N.W.
Edward Kraemer & Sons, Inc. v. Village of Burnsville 287 N.W.2d 375 Minn. 1979
Edward Kraemer & Sons, Inc. v. Village of Burnsville 287 N.W.2d 375 Minn. 1979
In re Improvement of Superior Street, Duluth, 172 Minn. 554 , 216 *377 N.W.
Appeal of Ewert v. City of Winthrop 278 N.W.2d 545 Minn. 1979
Appeal of Ewert v. City of Winthrop 278 N.W.2d 545 Minn. 1979
Cloud, 295 Minn. 428 , In re Improvement of Superior Street, Duluth, 172 Minn. 554 , 216 N.W.
Southview Country Club v. City of Inver Grove Heights, Dakota County 263 N.W.2d 385 Minn. 1978
Southview Country Club v. City of Inver Grove Heights, Dakota County 263 N.W.2d 385 Minn. 1978
In re Improvement of Superior Street, Duluth, 172 Minn. 554, 559 , 216 N.W.
Joint Independent School District No. 287 v. City of Brooklyn Park 256 N.W.2d 512 Minn. 1977
Continental Sales & Equipment Co. v. Town of Stuntz 257 N.W.2d 546 Minn. 1977
Continental Sales & Equipment Co. v. Town of Stuntz 257 N.W.2d 546 Minn. 1977
See, also, In re Improvement of Superior Street, Duluth, 172 Minn. 554
Joint Independent School District No. 287 v. City of Brooklyn Park 256 N.W.2d 512 Minn. 1977
Cloud, 295 Minn. 428 , In re Improvement of Superior Street, Duluth, 172 Minn. 554 , 216 N.W.
Nyquist v. Town Center, Crow Wing County 251 N.W.2d 695 Minn. 1977
Nyquist v. Town Center, Crow Wing County 251 N.W.2d 695 Minn. 1977
Therefore, when an assessment is regularly made “it is prima facie valid, and the burden rests upon the objector to show its invalidity.” In re Improvement of Superior Street, Duluth, 172 Minn. 554, 560
Carlson-Lang Realty Co. v. City of Windom 240 N.W.2d 517 Minn. 1976
Carlson-Lang Realty Co. v. City of Windom 240 N.W.2d 517 Minn. 1976
The proper standard of review was summarized in Quality Homes, Inc. v. Village of New Brighton, 289 Minn. 274, 280 , quoting In re Improvement of Superior Street, Duluth, 172 Minn. 554, 559 , as follows: “ ‘An assessment regularly made in due process and under express legislative authority is prima facie valid and, in the absence *371 of fraud, mistake or illegality, is conclusive upon the courts, except that an assessment upon property not specially benefited, or an asses
American Oil Company v. City of St. Cloud 206 N.W.2d 31 Minn. 1973
American Oil Company v. City of St. Cloud 206 N.W.2d 31 Minn. 1973
The doctrine that the present use is not controlling in determining benefits in a special assessment levy has often been expressed by this court beginning with our early decisions and repeated in In re Assessment for Improving Superior Street [ 172 Minn. 554 , ], and Qvale v. City of Willmar [ 223 Minn. 51 , ].” The evidence in this case sustains a finding that the area assessed for indirect benefits is of such a nature that the whole area will reasonably soon be developed for either residential
E. H. Willmus Properties, Inc. v. Village of New Brighton 199 N.W.2d 435 Minn. 1972
E. H. Willmus Properties, Inc. v. Village of New Brighton 199 N.W.2d 435 Minn. 1972
2 In Village of Edina v. Joseph, 264 Minn. 84, 95 , we said: “It was held in In re Assessment for Improving Superior Street, 172 Minn. 554 , , that when an assessment for a local improvement has been made by the proper municipal board or officers under due legislative authority and in the regular course of procedure such assessment is prima facie valid, and the burden rests upon the objector to prove its invalidity.
Quality Homes, Inc. v. Village of New Brighton 183 N.W.2d 555 Minn. 1971
Quality Homes, Inc. v. Village of New Brighton 183 N.W.2d 555 Minn. 1971
The basis for judicial review is that stated in In re Improvement of Superior Street, Duluth, 172 Minn. 554, 559 , , 320: “An assessment regularly made in due process and under express legislative authority is prima facie valid and, in the absence of fraud, mistake or illegality, is conclusive upon the courts, except that an assessment upon property not specially benefited, or an assessment in excess of the sp
Independent School District No. 709 v. City of Duluth 177 N.W.2d 812 Minn. 1970
Independent School District No. 709 v. City of Duluth 177 N.W.2d 812 Minn. 1970
In Village of Edina v. Joseph, 264 Minn. 84, 95 , 119 N. W. (2d) 809, 816 , we said : “It was held in In re Assessment for Improving Superior Street, 172 Minn. 554 , , that when an assessment for a local improvement has been made by the proper municipal board or officers under due legislative authority and in the regular course of procedure such assessment is prima, facie valid, and the burden rests upon the objector to prove its invalidity.
City of St. Louis Park v. Engell 168 N.W.2d 3 Minn. 1969
City of St. Louis Park v. Engell 168 N.W.2d 3 Minn. 1969
See, In re Improvement of Superior Street, Duluth, 172 Minn. 554 , ; Spencer, The New Minnesota Improvement-Assessment Procedure (Chapter 398, Laws of 1953), 38 Minn. L. Rev. 582 .
Village of Edina v. Joseph 119 N.W.2d 809 Minn. 1962
Village of Edina v. Joseph 119 N.W.2d 809 Minn. 1962
It was held in In re Assessment for Improving Superior Street, 172 Minn. 554 , , that when an assessment for a local improvement has been made by the proper municipal board or officers under due legislative authority and in the regular course of procedure such assessment is prima facie valid, and the burden rests upon the objector to prove its invalidity.
Qvale v. City of Willmar 25 N.W.2d 699 Minn. 1946
Qvale v. City of Willmar 25 N.W.2d 699 Minn. 1946
In In re Assessment for Improving Superior Street, 172 Minn. 554 , , it held that when an assessment for a public local improvement has been made by the proper municipal board or officers, under due legislative authority and in the regular course of procedure, such assessment is prima facie valid, and the burden rests upon the objector to prove its invalidity.
Board of Park Commissioners v. Bremner 252 N.W. 451 Minn. 1934
Board of Park Commissioners v. Bremner 190 Minn. 634 Minn. 1934
Board of Park Commissioners v. Bremner 190 Minn. 634 Minn. 1934
However, upon the oral argument this position was abandoned, and it was admitted that the situation comes within the decision in In re Improvement of Superior Street, 172 Minn. 554 , , and that if the court had properly instructed the commissioners which it appointed to assess the benefits and if they had, pursuant to such instructions, assessed such benefits against the railroad property, it would have no legal cause for complaint.
Board of Park Commissioners v. Bremner 252 N.W. 451 Minn. 1934
However, upon the oral argument this position was abandoned, and it was admitted that the situation comes within the decision in In re Improvement of Superior Street, 172 Minn. 554 , 216 N.W.
City of St. Paul v. Sanborn 222 N.W. 522 Minn. 1928
City of St. Paul v. Sanborn 222 N.W. 522 Minn. 1928
Burger v. District Court, 33 Minn. 295 , ; In re Improvement of Superior Street, Duluth, 172 Minn. 554 , .
In Re Assessment for Widening East Fourth Street in St. Paul 216 N.W. 907 Minn. 1927
In Re Assessment for Widening East Fourth Street in St. Paul 216 N.W. 907 Minn. 1927