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SPEC. ASSESS. FOR PROJ. NO. 78-10 v. MAPLEWOOD

No. C9-84-989.

358 N.W.2d 106 (1984)

In re the Appeal from SPECIAL ASSESSMENT FOR MAPLEWOOD PUBLIC PROJECT NO. 78-10 by V. George OXFORD, Jr., et al., Appellants, v. CITY OF MAPLEWOOD, RAMSEY COUNTY, Minnesota, Respondent.

Court of Appeals of Minnesota.

November 20, 1984.

Attorney(s) appearing for the Case

John E. Daubney, St. Paul, for appellants.

Patrick J. Kelly, St. Paul, for respondent.

Heard, considered and decided by POPOVICH, C.J., and SEDGWICK and LESLIE, JJ.

OPINION

POPOVICH, Chief Judge.

Appellants George and Pauline Oxford appealed from a storm sewer special assessment imposed on their property by respondent City of Maplewood. After an evidentiary hearing, the trial court upheld the assessment on the ground the total assessment for three improvements did not exceed the benefit to the property. We reverse.

FACTS

During 1982 and 1983, the City instituted Project 78-10, consisting of a sanitary...

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