Legal Opinion

Schumacher v. City of Excelsior

Supreme Court of Minnesota

Decided August 12, 1988No. C8-87-1890PublishedCited by 6 opinions

1Opinion of the Court

OPINION

SIMONETT, Justice.

The trial court found that the city’s reconstruction of one of its streets conferred no special benefit on the subject property, and that the special city assessment against the property was, therefore, void. We reverse and remand.

Third Avenue in the City of Excelsior runs in front of the Christmas Lake Apartments, a building complex owned by respondent property owners. In the summer of 1984, the city council approved a plan submitted by its engineers which, on Third Avenue, called for installation of concrete curbs and gutters, a new 8-inch water main, repairs of the…

2Cases cited3 opinions

  1. Carlson-Lang Realty Co. v. City of WindomSupreme Court of Minnesota · 1976
  2. Buettner v. City of St. CloudSupreme Court of Minnesota · 1979
  3. Dosedel v. City of Ham LakeCourt of Appeals of Minnesota · 1987

3Cited by6 opinions

  1. Concerned Taxpayers Coalition of Scarborough v. Town of ScarboroughSupreme Judicial Court of Maine · 1990
  2. DeSutter v. Township of HelenaCourt of Appeals of Minnesota · 1992
  3. Marzitelli v. City of Little CanadaCourt of Appeals of Minnesota · 1997
  4. Eagle Creek Townhomes, LLP v. City of ShakopeeCourt of Appeals of Minnesota · 2000
  5. Marzitelli v. City of Little CanadaCourt of Appeals of Minnesota · 1997

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