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ANDRUSICK v. CITY OF APPLE VALLEY

No. 47319.

258 N.W.2d 766 (1977)

Don ANDRUSICK and Bonnie Andrusick, His Wife, et al., Appellants, v. CITY OF APPLE VALLEY, Respondent.

Supreme Court of Minnesota.

September 16, 1977.

Attorney(s) appearing for the Case

Smith, Juster & Feikema and Wyman Smith, Minneapolis, for appellants.

McMenomy, Hertogs & Fluegel and Edward B. McMenomy, Rosemount, for respondent.

Considered and decided by the court without oral argument.

PER CURIAM.

The respondent city, acting pursuant to Minn.St. c. 429, initiated a local street improvement and levied an assessment against appellants' property. The property owners appealed from this assessment to the Dakota County District Court. The appeal was taken basically upon the grounds that the improvement did not benefit the property. The notice of appeal required by Minn.St. 429.081 was served on the city clerk on Monday, October 13, 1975, which was designated...

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