Cited by
Opinions in Minnesota that cite Tri-State Land Co. v. City of Shoreview, 290 N.W.2d 775.
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James M. Carlson, Appellant,
Minn. Ct. App. 2023
(citing Carlson- Lang, d at 519)
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Roger Aspengren, Respondent,
Minn. Ct. App. 2021
But a property owner can overcome a special assessment ’s presumption of validity by submitting competent evidence that the property did not benefit from the improvement, see Buettner, d at 204, or by submitting competent evidence that the assessment exceeds the property’s market-value increase from the improvement
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David Thompson, et al., Appellants,
Minn. Ct. App. 2020
And “introduction of the assessment ro ll into evidence constitutes prima facie proof that the assessment does not exceed [the] special benefit.” (quotation omitted) .
- 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
- Fred E. Friedrichs v. Lake Washington Sanitary District Minn. Ct. App. 2016
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Fred E. Friedrichs v. Lake Washington Sanitary District
Minn. Ct. App. 2016
The presumption of a special assessment’s legality may be overcome by “introducing competent evidence that the assessment is greater than the increase in market value of the property due to the improvement.”
- 110 Wyman, LLC, (A14-1176), Ruby Red Dentata, LLC, (A14-1177) v. City of Minneapolis, Minnesota 861 N.W.2d 358 Minn. Ct. App. 2015
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110 Wyman, LLC, (A14-1176), Ruby Red Dentata, LLC, (A14-1177) v. City of Minneapolis, Minnesota
861 N.W.2d 358
Minn. Ct. App. 2015
6 Under the special-benefit standard, a city may impose assessments for local improvements if: (1) the property “receive[s] a special benefit from the improvement”; (2) the assessment is “uniform upon the same class of property”; and (3) “the assessment [does] not exceed the special benefit.” d 775, 777 (Minn. 1980).
- American Bank of St. Paul v. City of Minneapolis 802 N.W.2d 781 Minn. Ct. App. 2011
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American Bank of St. Paul v. City of Minneapolis
802 N.W.2d 781
Minn. Ct. App. 2011
*786 (quotation omitted).
- Marriage of Blonigen v. Blonigen 621 N.W.2d 276 Minn. Ct. App. 2001
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Marriage of Blonigen v. Blonigen
621 N.W.2d 276
Minn. Ct. App. 2001
(holding that trial court erred in not affording appellant “a de novo or independent review of its claim”).
- Quade & Sons Refrigeration, Inc. v. Minnesota Mining & Manufacturing Co. 510 N.W.2d 256 Minn. Ct. App. 1994
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Quade & Sons Refrigeration, Inc. v. Minnesota Mining & Manufacturing Co.
510 N.W.2d 256
Minn. Ct. App. 1994
(prima facie case is dispositive in absence of contrary evidence); see also Saylor v. Sass, 258 Minn. 300, 305 , (rules of court may be waived by party benefited by rule).
- Buzick v. City of Blaine 505 N.W.2d 51 Minn. 1993
- Buzick v. City of Blaine 505 N.W.2d 51 Minn. 1993
- Nastrom v. City of Blaine 498 N.W.2d 495 Minn. Ct. App. 1993
- Nastrom v. City of Blaine 498 N.W.2d 495 Minn. Ct. App. 1993
- Buzick v. City of Blaine 491 N.W.2d 923 Minn. Ct. App. 1993
- Buzick v. City of Blaine 491 N.W.2d 923 Minn. Ct. App. 1993
- 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
2d 545 (Minn.1979) (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 hearing had been held, after the landowner’s objection, at which the landowner had submitted an appraisal which was reviewed by the city).
- Independent School District 254 v. City of Kenyon 411 N.W.2d 545 Minn. Ct. App. 1987
- Independent School District 254 v. City of Kenyon 411 N.W.2d 545 Minn. Ct. App. 1987
- Lunderberg v. City of St. Peter 398 N.W.2d 579 Minn. Ct. App. 1987
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Lunderberg v. City of St. Peter
398 N.W.2d 579
Minn. Ct. App. 1987
Carlson-Lang Realty Co., 307 Minn. at 369-70 , d at 519 ; Nyquist , 312 Minn, at 269, d at 697 .