Legal Opinion

Downtown Development Project, Marshall City Council Resolution No. 57 v. City of Marshall

Supreme Court of Minnesota

Decided June 8, 1979No. 49405PublishedCited by 6 opinions

1Opinion of the Court

SCOTT, Justice.

This appeal is taken from an order of the Lyon County District Court which dismissed an appeal of a special assessment on the ground that appellant’s failure to object to the assessment, prior to its adoption, constituted a waiver of her right to later seek review of the matter. We reverse and remand for further proceedings.

The case is before the court on a stipulated set of facts. A public hearing was held by the City Council of Marshall, Minnesota, on April 5, 1976, to discuss a proposed downtown improvement plan. Due notice of the hearing, as required by Minn. St. 429.031,…

2Cases cited4 opinions

  1. State v. JohnsonSupreme Court of Minnesota · 1910
  2. Norris Grain Co. v. Seafarers' International Union of North AmericaSupreme Court of Minnesota · 1950
  3. McCarty v. Village of NashwaukSupreme Court of Minnesota · 1970
  4. Nyquist v. Town Center, Crow Wing CountySupreme Court of Minnesota · 1977

3Cited by6 opinions

  1. Dosedel v. City of Ham LakeCourt of Appeals of Minnesota · 1987
  2. First Baptist Church of St. Paul v. City of St. PaulSupreme Court of Minnesota · 2016
  3. Independent School District 254 v. City of KenyonCourt of Appeals of Minnesota · 1987
  4. Sievert v. City of LakefieldSupreme Court of Minnesota · 1982
  5. Lunderberg v. City of St. PeterCourt of Appeals of Minnesota · 1987

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