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FICHTNER v. SCHILLER

No. 39454.

135 N.W.2d 877 (1965)

Arthur FICHTNER and all other taxpayers in Township of Herman, St. Louis County, Appellants, v. Fred W. SCHILLER, Treasurer of St. Louis County, et al., Respondents.

Supreme Court of Minnesota.

May 28, 1965.

Attorney(s) appearing for the Case

Martini, Harper & Gustafson, Duluth, for appellants.

John C. Arko, County Atty., Robert V. Campbell, Asst. County Atty., Duluth, for respondents.

MURPHY, Justice.

This is an appeal from a judgment for defendants, county officials and county board of St. Louis County, in a representative suit brought under Minn.St. 275.26 and c. 555 to test the validity of an increase in valuation of real estate for tax assessment purposes. The trial court held that the action did not lie under those statutes and the exclusive remedy, if any, is provided by c. 278, which provides relief for one who claims that his property has...

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