1992-12-23 Notice of Appeal
STATE OF MINNESOTA
DISTRICT COURT
COUNTY OF WRIGHT
TENTH JUDICIAL DISTRICT
Other Civil - Assessment Appeal
John George, Inc.,
Court File No.
Appellant,
and
NOTICE OF APPEAL
City of Albertville, Minnesota,
Respondent.
TO: City Clerk of the City of Albertville
1. Notice is hereby given to the City of Albertville,
Wright County, State of Minnesota, that the above-named Appellant
does hereby appeal to the Wright County District Court, pursuant
to Minn. Stat. Sec. 429.081, the special assessment adopted by
the City of Albertville on November 24, 1992, as a result of a
municipal improvement project against property owned by Appellant
identified by Parcel No. 101-500-354300, which involves the prop-
erties within that part of Southeast Quarter of Section 35, Town-
ship 121, Range 24, and the North 180 feet of the Northeast Quar-
ter of Section 2, Township 120, Range 24, all such properties ly-
ing west of Wright County Highway No. 19, south of Wright County
Highway No. 37, and east of Westwind Addition, all in the City of
Albertville, Wright County, Minnesota. The assessment is in the
amount of $29,606.54 according to Notice published November 9,
1992 in the Crow River News and $350,866.94 according to Notice
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of Hearing on Proposed Assessment dated November 9, 1992, mailed
to Appellant by the Albertville City Clerk.
2. The above-named Appellant filed written objections to
the above assessment prior to or at the assessment hearing and is
now an aggrieved person as the result of the adoption of the as-
sessment.
3. The amount of the assessment substantially exceeds the
benefit, if any, to the subject property resulting from the im-
provements, and therefore the assessment represents an unconsti-
tutional taking.
4. The amount of the assessment may be barred by Minn.
Stat. Sec. 429.061, which permits the city to adopt assessments
only after the city has calculated the actual expenses incurred
or to be incurred.
5. The assessment is improper in that the Appellant's
property has already been assessed for trunk water main improve-
ment, which is sufficient to serve the needs and uses of the
property.
6. The assessment is contrary to action taken by the
Albertville City Council when improvements were installed in
1988, whereby the Council determined to assess a portion of the
costs of the water main and the Highway 37 interceptor, lift sta-
tion and forcemain to certain benefitted properties and to re-
cover the remaining costs by sewer and water availability and
connection charges and user fees.
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7. The assessment may not have been made in the manner re-
quired by Minnesota Statutes Chapter 429 and may be contrary to
law.
WHEREFORE, Appellant requests that the Court determine the
amount, if any, which Respondent may legally assert as an assess-
ment against the property for the improvements described above,
and that Appellant be awarded costs and disbursements herein, in-
eluding reasonable attorneys' fees.
DATED: December 23, 1992.
JENSEN, HICKEN, GEDDE & SCOTT, P.A.
..>'~/. C" r /) /-
By "e'1. "" ~' {. i f..J a'\!",t
Edward A. Bock, Jr., :t-';D. # 9246
Attorneys for Appellant
300 Anoka Office Center
2150 Third Avenue
Anoka, MN 55303
(612) 421-4110
ACKNOWLEDGEMENT
Appellant asserts these claims in good faith, and acknowl-
edges that costs, disbursements, and reasonable attorney and wit-
ness fees may be awarded to the opposing party as provided by
Minnesota Statutes Sec. 549.21, Subd. 2 (1986).
Dated: December 23, 1992
JENSEN, HICKEN, GEDDE & SCOTT, P.A.
By ::=J!(.r~' {.i f3 G'Z~~
Edward A. Bock, Jr.(vlI.D.# 9246
Attorneys for Appellant
300 Anoka Office Center
2150 Third Avenue
Anoka, MN 55303
(612) 421-4110
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