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AMERICAN OIL COMPANY v. CITY OF ST. CLOUD

No. 43613.

206 N.W.2d 31 (1973)

In re Appeal from Adoption of an Assessment against Lands in the City of St. Cloud, Stearns County, Minnesota, by the AMERICAN OIL COMPANY, et al., Appellants, v. CITY OF ST. CLOUD, Respondent.

Supreme Court of Minnesota.

March 23, 1973.

Attorney(s) appearing for the Case

James W. Hoolihan, St. Cloud, for appellants.

Richard J. Ahles, City Atty., Thomas L. Dueber, Sp. Asst. City Atty., St. Cloud, for respondent.

KNUTSON, Chief Justice.

This is a consolidated appeal from judgments of the district court in effect affirming assessments by the city of St. Cloud for the construction of a sanitary sewer in said city.

The facts are not in dispute. Upon the petition of Delco Development Company for the construction of a sanitary sewer to serve a new area it was developing, the city proceeded to furnish such service. Located in the Delco area was a shopping center. Extending...

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