SIEVERT v. CITY OF LAKEFIELD

No. 81-476.

319 N.W.2d 43 (1982)

Howard P. SIEVERT, Respondent, v. CITY OF LAKEFIELD, Appellant.

Supreme Court of Minnesota.

May 14, 1982.


Attorney(s) appearing for the Case

Lewis & Price and Kenneth H. Price, City Atty., Lakefield, for appellant.

James M. Williams, Minneapolis, for respondent.

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


SCOTT, Justice.

Defendant City of Lakefield appeals from a judgment awarding plaintiff Howard P. Sievert $12,000 for breach of contract to supply improvements to his property. The sole issue on appeal is whether Sievert waived his right to assert a claim against the city by failing to appeal from the adoption of special assessments for the improvements. We conclude that Sievert's suit is barred by waiver and, therefore, we reverse.

On November 4, 1975 Sievert...

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