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SHORTRIDGE v. DAUBNEY

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

425 N.W.2d 840 (1988)

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, Petitioner, Appellant.

Supreme Court of Minnesota.

July 22, 1988.

Attorney(s) appearing for the Case

John F. Bannigan, Jr., St. Paul, for appellant.

John D. Hirte, St. Paul, for John Daubney.

Daniel B. O'Leary, Richard J. Gabriel, St. Paul, for Perry Shortridge.

Thomas L. Grundhoefer, St. Paul, amicus curiae, for League of Minnesota Cities.

Heard, considered and decided by the court en banc.

WAHL, Justice.

The determinative issue in this appeal is whether property owners' delay of several years in taking legal action bars them from challenging a special assessment on the basis of a defective notice of hearing. By a split decision, the court of appeals agreed with the trial court, ruling that the defect in the notice rendered the special assessment void. Shortridge v. Daubney, 400 N.W.2d 841 (Minn.App.1987). We...

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