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CONTINENTAL SALES, ETC. v. TOWN OF STUNTZ

No. 46783.

257 N.W.2d 546 (1977)

CONTINENTAL SALES & EQUIPMENT CO., et al., petitioners, Respondents, v. TOWN OF STUNTZ, Appellant.

Supreme Court of Minnesota.

Rehearing Denied October 3, 1977.

Attorney(s) appearing for the Case

Bischoff & Sellman and Bernard J. Bischoff, Hibbing, for appellant.

Halverson, Watters, Bye & Downs, Duluth, Abate & Wivoda and Paul F. Wojciak, Hibbing, for respondents.

Heard before PETERSON, KELLY, and SCOTT, JJ., and considered and decided by the court en banc.

SCOTT, Justice.

This is an appeal from a summary judgment involving a special assessment. Respondents, Continental Sales & Equipment Company and other companies, brought this action in the district court of St. Louis County to invalidate a special assessment levied upon them by appellant, the town of Stuntz. On October 24, 1973, the board of supervisors for the town passed a resolution establishing a special assessment for funding a sanitary sewer project. The...

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