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BUETTNER v. CITY OF ST. CLOUD

No. 47956.

277 N.W.2d 199 (1979)

Leo C. BUETTNER, Respondent, v. CITY OF ST. CLOUD, Appellant.

Supreme Court of Minnesota.

March 16, 1979.

Attorney(s) appearing for the Case

Bernard E. Boland, City Atty., St. Cloud, for appellant.

Hall, Byers, Hanson, Steil & Weinberger, Stanley J. Weinberger and L. M. Hall, Jr., St. Cloud, for respondent.

Stanley G. Peskar, Gen. Counsel, League of Minnesota Cities, St. Paul, amicus curiae seeking reversal.

Heard before TODD, SCOTT, and WAHL, JJ., and considered and decided by the court en banc.

OPINION

WAHL, Justice.

The city of St. Cloud appeals from the June 3, 1977 judgment and order of the Stearns County District Court reducing the special assessment on the property owned by Leo C. Buettner, respondent herein, from $32,678.20 to $26,925.00. The League of Minnesota Cities filed an amicus curiae brief in appellant's support, by order of this court September 9, 1977. The primary issue on appeal is whether the trial court exceeded the permissible...

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