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CHARD REALTY, INC. v. CITY OF SHAKOPEE

No. C7-85-2282.

392 N.W.2d 716 (1986)

CHARD REALTY, INC., Plaintiff and Third Party Plaintiff, Appellant, v. CITY OF SHAKOPEE, Defendant and Third Party Defendant, Respondent, Richard Knutson, Inc., Respondent, American Insurance Co., Defendant, v. VALLEY ENGINEERING, Third Party Defendant, Respondent, Busse Construction, Inc., Third Party Defendant.

Court of Appeals of Minnesota.

Review Denied November 19, 1986.

Attorney(s) appearing for the Case

Theodore R. Mellby, Timothy L. Warnemunde, Montgomery, for Chard Realty, Inc.

Trevor R. Walsten, Susan L. Estill, Krass & Monroe Chartered, Shakopee, for City of Shakopee.

Gerald L. Svoboda, Dean B. Thomson, Fabyanske, Svoboda & Westra, St. Paul, for Richard Knutson, Inc. and American Ins. Co.

Mark H. Stromwall, Prior Lake, for Valley Engineering.

John H. Brennan, Minneapolis, for Busse Const., Inc.

Heard, considered and decided by LANSING, P.J., and PARKER and NIERENGARTEN, J.

OPINION

LANSING, Judge.

Chard Realty, Inc., a developer, appeals the trial court's grant of summary judgment to the defendants in this suit alleging negligence, breach of contract, and overassessment of municipal property taxes. We affirm.

FACTS

Chard Realty owned 47 lots located in the East View First Addition in Shakopee. In August 1979 the City of Shakopee adopted a resolution granting preliminary

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