2013-05-08 CC Packet - Laserfiche WebLink

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IV. That the foregoing valuation of said real estate is excessive and greater than its real or actual value, and discriminates against the real estate in favor of comparable properties. To the extent that the total market value assigned to said real estate exceeds actual market value or discriminates against said real estate, said real estate has been partially, unfairly, unequally valued for the said year in violation of M.S.A. § 273.11 and in violation of Article X, section 1, of the Constitution of the State of Minnesota; and that the tax levied against the same is illegal in whole or in part, within the meaning and contemplation of M.S.A. § 278.01, et. seq. To the extent that the tax levied against said real estate is based on a total market value which exceeds actual market value or discriminates against said real estate, the real estate will be taken without due process of law, in violation of Article I, section 7 of said Constitution. V. That the limitations on relief set forth in M.S.A. § 278.05 subd. 4(d) unconstitutionally violate the prohibitions against (i) denial of due process, (ii) denial of equal protection of the laws, (iii) lack of uniformity in taxation, (iv) denial of redress of injuries or wrongs, and (v) exercise by the legislature of powers properly belonging to the judiciary, contained in the state and federal constitutions. V1. That for purposes of real estate taxation, the real estate is improperly classified. WHEREFORE, the Petitioner prays that the Court determine and adjudicate the validity of its claim and objections as above set forth; that it determine the fair and proper valuation of said real property for tax purposes as of January 2, 2012; that it award costs, disbursements and interest to Petitioner; that it declare the limitation of relief contained in M.S.A. § 278.05 subd. 4(d) unconstitutional; that it classify the property in accordance with the law; and that it award such other relief as the court deems just and equitable. The undersigned hereby acknowledges that costs, disbursements, and reasonable attorney and witness fees may be awarded to the party against whom the allegations in this pleading are asserted pursuant to Minn. Stat. §549.21, subd. 2. Dated: April 2 , 2013. GRAY, PLANT, MOOTY, MOOTY & BENNETT, P.A. By �iri� Laura J. Schoenbauer, Attorney No. 18312X Attorneys for Petitioner 500 IDS Center 80 South Eighth Street Minneapolis, Minnesota 55402 Telephone: (612) 632 -3325 GDI / Anoka County GP:3404084 vl -2- 22