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2012-05-23 CC Packet
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2012-05-23 CC Packet
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373, 240 N.W.2d at 521. We defer to the district court's determinations regarding the <br /> weight and credibility of expert evidence. Alstores Realty, Inc. v. State, 286 Minn. 343, <br /> 353, 176 N.W.2d 112, 118 (1970). <br /> "[S]pecial benefits [are] measured by considering the increase in the market value <br /> of the property attributable to the improvement." Am. Bank of St. Paul, 802 N.W.2d at <br /> 785. Market value is the amount that a willing buyer would pay to a willing owner, <br /> taking into account the property's highest and best use. Cnty. of Ramsey v. Miller, 316 <br /> N.W.2d 917, 919 (Minn. 1982). The district court found that it could not rely on the <br /> city's appraisal evidence because Schwab's appraisal did not provide a fair <br /> approximation of the increase in value of Sheehy's property due to the project. The <br /> district court found that, with two exceptions, Herman's general methodology provided a <br /> fair and accurate approximation of the pre - and post- improvement value of the property. <br /> The district court therefore credited Herman's appraisal, with the exception of her pre - <br /> project use of a credit provided to Sheehy with respect to an earlier assessment and her <br /> assumption that the City of Lino Lakes would contribute to private improvements <br /> constructed on the east side of Sheehy's property. <br /> Schwab's appraisal <br /> The city argues that the district court erred by discrediting Schwab's appraisal of <br /> the pre- improvement value of the property at $2.77 per square foot. Schwab <br /> acknowledged that this figure was based on his previous appraisal of Sheehy's additional <br /> property taken in the 2006 condemnation proceeding. The district court found that the <br /> per - square -foot value of the portion of the property taken in the 2006 condemnation <br /> 13 <br /> 26 <br />
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