Independent School District No. 709 v. City of Duluth

James F. Murphy, Justice. *

This is an appeal from an order of the district court affirming a sewer assessment against a portion of the property assessed and holding the assessment invalid against another portion. The city of Duluth appeals from the order in so far as it invalidated the assessment and required the assessment to be spread again against the property receiving special benefit from the sewer construction.

Actually, two issues are raised. The first issue is whether the district court erred in failing to dismiss the appeal to the district court at the close of the testimony of the…