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PETERSON v. CITY OF ELK RIVER

No. 81-57.

312 N.W.2d 243 (1981)

David H. PETERSON, et al., Respondents, Robert F. Fritz, Respondent, v. The CITY OF ELK RIVER, Appellant.

Supreme Court of Minnesota.

November 13, 1981.

Attorney(s) appearing for the Case

Larkin, Hoffman, Daly & Lindgren and Richard I. Diamond, Minneapolis, for appellant.

Robert F. Fritz, pro se.

Wakefield, Lundberg & Vie and Clifford C. Lundberg, Elk River, for Peterson, et al.

Considered and decided by the court en banc without oral argument.

OPINION

SIMONETT, Justice.

This is an appeal by the City of Elk River from the order and judgment of the district court adjudging the city had improperly assessed benefited property for a railroad crossing improvement. Several landowners filed notices of review claiming the trial court erred in not determining the maximum amount of benefit to their property and in disallowing certain litigation expense. We affirm.

A developer divided a 40-acre tract...

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