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EWERT v. CITY OF WINTHROP

No. 47976.

278 N.W.2d 545 (1979)

In the Matter of the Appeal of Lavern L. EWERT and Elaine L. Ewert, His Wife, and Einar R. Olson and Irene F. Olson, His Wife, from the Assessments Adopted on September 11, 1975, by the City Council of the City of Winthrop, for Improvements of Certain Lands, Appellants, v. CITY OF WINTHROP, Respondent.

Supreme Court of Minnesota.

April 13, 1979.

Attorney(s) appearing for the Case

MacKenzie, Gustafson, Litynski & Lucas and Malcolm K. MacKenzie, Gaylord, for appellants.

Thomas G. McCarthy, Winthrop, for respondent.

Heard before SHERAN, C. J., and YETKA and SCOTT, JJ., and considered and decided by the court en banc.

YETKA, Justice.

Appeal by appellants Lavern L. Ewert and Elaine L. Ewert, his wife, and Einar R. Olson and Irene Olson, his wife, from an order of the district court of Sibley County, dated October 4, 1976, finding that special assessments adopted by the city council of respondent city of Winthrop "did not exceed the special benefits conferred upon the lands of the appellants," and judgment entered on April 25, 1977. We reverse and remand.

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