Special Assessment for Maplewood Public Project No. 78-10 v. City of Maplewood

OPINION

POPOVICH, Chief Judge.

Appellants George and Pauline Oxford appealed from a storm sewer special assessment imposed on their property by respondent City of Maplewood. After an evi-dentiary hearing, the trial court upheld the assessment on the ground the total assessment for three improvements did not exceed the benefit to the property. We reverse.

FACTS

During 1982 and 1988, the City instituted Project 78-10, consisting of a sanitary sewer, storm sewer and water systems running through Linwood Heights, a residential area. The Oxfords own 7.53 acres along Linwood Avenue and McKnight Road.…