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2012-05-23 CC Packet
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2012-05-23 CC Packet
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district court's credibility determinations, Alstores, 286 Minn. at 353, 176 N.W.2d at 118, <br /> and we conclude that the evidence sustains the district court's findings rejecting <br /> Schwab's appraisal and crediting Almer's testimony on the release of the flooding <br /> easement. <br /> Herman's appraisal <br /> The city also argues that the district court erred by crediting Herman's appraisal, <br /> maintaining that it is unreliable because she used valuation comparables of property <br /> already improved with infrastructure, rather than completely unimproved property. The <br /> supreme court has observed that "the priority and quantum of reliance [on a valuation <br /> approach] depends on the facts of each case." Lewis & Harris v. Cnty. of Hennepin, 516 <br /> N.W.2d 177, 180 (Minn. 1994). The district court found that although "generally <br /> speaking, a market analysis of sales of similar unimproved properties would be more <br /> useful.... Given that the court has determined that it cannot rely on those sales selected <br /> by Schwab, the court has no such market analysis before it." In this context, based on the <br /> district court's findings and the record evidence, we conclude that the district court did <br /> not err in determining that Herman's approach generally "result[ed] in a fair <br /> approximation of the increase in market value" due to the assessment. Eagle Creek <br /> Townhomes, LLP v. City of Shakopee, 614 N.W.2d 246, 251 (Minn. App. 2000) <br /> (quotation omitted), review denied (Minn. Sept. 13, 2000). <br /> The city also argues that Herman's appraisal did not provide the court sufficient <br /> evidence on which to base the two adjustments it made in the pre- improvement value of <br /> the property; specifically, the removal of a $26,000 credit to Sheehy from the city based <br /> 15 <br /> 28 <br />
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