Imperial Refineries of Minnesota, Inc. v. City of Rochester

Otis, Justice.

This is an appeal from a judgment of the district court affirming an assessment by the city of Rochester for sanitary sewer and water main improvements and for water tank and connecting trunkline improvements amounting to approximately $19,000.

Three issues are raised. First, whether the failure to provide for notice of the adoption of the assessment by the city council renders Minn. St. 429.081 unconstitutional; second, whether the city clerk’s erroneous designation of the statute under which the city was proceeding constitutes an estoppel; and third, whether the assessments for…