SHORTRIDGE v. DAUBNEY

Nos. C1-86-1428, CX-86-1430.

400 N.W.2d 841 (1987)

Perry J. SHORTRIDGE, et al., Respondents, v. John E. DAUBNEY, Defendant and Third Party Plaintiff, Respondent, v. CITY OF MAPLEWOOD, Defendant and Third Party Defendant, Appellant.

Court of Appeals of Minnesota.

Review Granted April 17, 1987.


Attorney(s) appearing for the Case

Daniel B. O'Leary, Richard J. Gabriel, Mansur, O'Leary & Gabriel, St. Paul, for Perry J. Shortridge, et al.

John D. Hirte, Murnane, Conlin, White, Brandt & Hoffman, St. Paul, for John E. Daubney, Defendant and Third Party Plaintiff.

John F. Bannigan, Jr., Bannigan & Kelly, P.A., St. Paul, for City of Maplewood, Defendant and Third Party Defendant.

Heard, considered, and decided by RANDALL, P.J., and FOLEY and WOZNIAK, JJ.


OPINION

WOZNIAK, Judge.

In 1986, respondents brought a summary judgment motion challenging the validity of a notice of hearing issued by the City of Maplewood prior to a special assessment hearing held in 1981. The trial court determined that the city's notice of hearing was defective because it erroneously stated that appeals from the assessment must be brought within twenty (20) days after the adoption of the assessment rather than the thirty (30) days...

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