Cited by
Opinions in Minnesota that cite Appeal of Ewert v. City of Winthrop, 278 N.W.2d 545.
- A19-1878 Minn. 2021
- Roger Aspengren, Respondent, Minn. Ct. App. 2021
- 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
- CLino LLC v. City of Lino Lakes Minn. Ct. App. 2016
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CLino LLC v. City of Lino Lakes
Minn. Ct. App. 2016
Kohlmier, Inc. v. Albin, 257 Minn. 436, 442- 43, (rejecting a district court’s factual findings only “if they are not fairly supported by the evidence as a whole”); Buettner, d at 203 (applying “clearly erroneous” standard of review).
- Archie J. Pavek, Trustee of the Archie J. Pavek Revocable Trust v. City of Prior Lake Minn. Ct. App. 2015
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Archie J. Pavek, Trustee of the Archie J. Pavek Revocable Trust v. City of Prior Lake
Minn. Ct. App. 2015
Prior Lake asserts that we apply a de novo standard of review, in support.
- Prior Lake Mini Storage, Inc. v. City of Prior Lake Minn. Ct. App. 2015
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Prior Lake Mini Storage, Inc. v. City of Prior Lake
Minn. Ct. App. 2015
that “the district court erred when it concluded that [Mini Storage’s] property received a special benefit of only $52,000 as a result of the project.” The city argues that “the decision of the district court is reviewed de novo, with impartial scrutiny of all the evidence” and that this court “need not accept any findings of the court below.” in support of de novo appellate review.
- Darrel Schmitz v. United States Steel Corporation 852 N.W.2d 669 Minn. 2014
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Darrel Schmitz v. United States Steel Corporation
852 N.W.2d 669
Minn. 2014
“The right to a jury trial must be found either in the Minnesota Constitution or provided specifically by statute.”
- Schmitz v. United States Steel Corp. 831 N.W.2d 656 Minn. Ct. App. 2013
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Schmitz v. United States Steel Corp.
831 N.W.2d 656
Minn. Ct. App. 2013
Abraham also limited the supreme court’s which held that a party appealing a special assessment had no right to a jury trial because there is no common law right to appeal a special assessment.
- Abraham v. County of Hennepin 639 N.W.2d 342 Minn. 2002
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Abraham v. County of Hennepin
639 N.W.2d 342
Minn. 2002
1, so that right, if it exists, must arise under the constitution
- Abraham v. County of Hennepin 622 N.W.2d 121 Minn. Ct. App. 2001
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Abraham v. County of Hennepin
622 N.W.2d 121
Minn. Ct. App. 2001
contended that they were entitled to a jury trial in the appeal of a municipal special assessment to the district court.
- In Re the Redetermination of Benefits of Nicollet County Ditch 86A 488 N.W.2d 482 Minn. Ct. App. 1992
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In Re the Redetermination of Benefits of Nicollet County Ditch 86A
488 N.W.2d 482
Minn. Ct. App. 1992
-49 (Minn.1979); Nyquist v. Town of Center, Crow Wing County, 312 Minn. 266, 269-70
- Mortenson v. State 446 N.W.2d 674 Minn. Ct. App. 1989
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Mortenson v. State
446 N.W.2d 674
Minn. Ct. App. 1989
See, (no right of jury trial for appeals of special assessments in the absence of express statutory language).
- Dosedel v. City of Ham Lake 414 N.W.2d 751 Minn. Ct. App. 1987
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Dosedel v. City of Ham Lake
414 N.W.2d 751
Minn. Ct. App. 1987
(de novo review was proper, no before and after market improvement valuation was made prior to the assessment); (the trial court was reversed because it did not afford de novo review on appeal from a special assessment; a reassessment hear
- Matter of Branch A-38, Jt. Ditch No. 204 406 N.W.2d 524 Minn. 1987
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Matter of Branch A-38, Jt. Ditch No. 204
406 N.W.2d 524
Minn. 1987
-10 (Minn.1981), we rejected the contention that the date of trial should control for determining damages in a condemnation proceeding during a time of increasing land values, stating it was the established rule “that condemnation damages are assessed as of the date of the commission award.” (a special assessment case).
- Shortridge v. Daubney 400 N.W.2d 841 Minn. Ct. App. 1987
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Shortridge v. Daubney
400 N.W.2d 841
Minn. Ct. App. 1987
Id.; Village of Edina v. Joseph, 264 Minn. 84, 93
- Schmidtbauer v. Commissioner of Public Safety 392 N.W.2d 668 Minn. Ct. App. 1986
- Schmidtbauer v. Commissioner of Public Safety 392 N.W.2d 668 Minn. Ct. App. 1986
- Habel v. City of Chisago City 346 N.W.2d 668 Minn. Ct. App. 1984
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Habel v. City of Chisago City
346 N.W.2d 668
Minn. Ct. App. 1984
Wessen v. Village of Deephaven, 284 Minn. 296, 298