Peterson v. City of Elk River

OPINION

SIMONETT, Justice.

This is an appeal by the City of Elk River from the order and judgment of the district court adjudging the city had improperly assessed benefited property for a railroad crossing improvement. Several landowners filed notices of review claiming the trial court erred in not determining the maximum amount of benefit to their property and in disallowing certain litigation expense. We affirm.

A developer divided a 40-acre tract of township land into 28 unplatted residential lots known as the “Peterson Addition.” The only access to the 40-acre tract, however, was a private…