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2012-05-23 CC Packet
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2012-05-23 CC Packet
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review of street assessment, declining to address evidentiary objections on ground that <br /> appellant failed to raise objections in motion for new trial). Therefore, we conclude that <br /> the city's failure to move for a new trial or amended findings based on the district court's <br /> evidentiary ruling allowing Shopek's testimony as foundation for Herman's appraisal <br /> precludes our review of this issue. <br /> II <br /> "A special assessment is a tax, intended to offset the cost of local improvements <br /> such as sewer, water and streets, which is selectively imposed upon the beneficiaries." <br /> Dosedel v. City of Ham Lake, 414 N.W.2d 751, 755 (Minn. App. 1987). A municipality <br /> may assess "[t]he cost of any improvement, or any part thereof . . . upon property <br /> benefited by the improvement, based upon the benefits received." Minn. Stat. § 429.051 <br /> (2010). "A municipality's power of assessment, however, is limited by three conditions: <br /> (1) the land must receive a special benefit from the improvement being constructed; <br /> (2) the assessment must be uniform upon the same class of property; and (3) the <br /> assessment may not exceed the special benefit." David E. McNally Dev. Corp. v. City of <br /> Winona, 686 N.W.2d 553, 558 (Minn. App. 2004) (citing Carlson -Lang Realty Co. v. <br /> City of Windom, 307 Minn. 368, 369, 240 N.W.2d 517, 519 (1976)). <br /> The district court's standard of review of a special assessment varies according to <br /> the challenge asserted. Buettner v. City of St. Cloud, 277 N.W.2d 199, 202 (Minn. 1979). <br /> If a property owner challenges matters within the city's legislative discretion, such as the <br /> proportionate distribution of the total costs of an improvement, the determination of the <br /> area benefitted by the project, or the regularity of the assessment process, the district <br /> 10 <br /> 23 <br />
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