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IN RE VILLAGE OF BURNSVILLE

Nos. 45468, 45632.

245 N.W.2d 445 (1976)

In re VILLAGE OF BURNSVILLE Assessments for Improvement No. 70TS-8 for Sanitary Sewer. EDWARD KRAEMER & SONS, INC., Respondent, v. VILLAGE (NOW CITY) OF BURNSVILLE, Appellant.

Supreme Court of Minnesota.

August 13, 1976.

Attorney(s) appearing for the Case

LeFevere, Lefler, Hamilton & Pearson and John E. Drawz, Minneapolis, for appellant.

Johnson & Eastlund, George R. Johnson and Ralph W. Peterson, Minneapolis, for respondent.

Holmes, Eustis, Kircher & Graven and David L. Graven, Minneapolis, amicus curiae, for Metropolitan Waste Control Commission (seeking reversal).

Heard before TODD, YETKA and MARSDEN, JJ., and considered and decided by the court en banc.

YETKA, Justice.

These are appeals, one from the judgment of the District Court of Dakota County vacating a special assessment levied by the Village (now City) of Burnsville on the subject property, and one from an order denying Burnsville's motion for a new trial. We reverse and remand.

The improvement which formed the basis of the assessment is Sewer Project 70-30 of the Metropolitan Waste Control Commission (MWCC). This project is an interceptor sewer designed...

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