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SCHUMACHER v. CITY OF EXCELSIOR

No. C8-87-1890.

427 N.W.2d 235 (1988)

James J. SCHUMACHER, Arnold J. Feinberg, Robert H. Schumacher, and Ron McDaniels, Respondents, v. CITY OF EXCELSIOR, Minnesota, Appellant.

Supreme Court of Minnesota.

August 12, 1988.

Attorney(s) appearing for the Case

Thomas J. Barrett, Thomas J. Radio, Minneapolis, for appellant.

Frank R. Berman, Scott G. Harris, Minneapolis, for respondents.

Heard, considered, and decided by the court en banc.

OPINION

SIMONETT, Justice.

The trial court found that the city's reconstruction of one of its streets conferred no special benefit on the subject property, and that the special city assessment against the property was, therefore, void. We reverse and remand.

Third Avenue in the City of Excelsior runs in front of the Christmas Lake Apartments, a building complex owned by respondent property owners. In the summer of 1984, the city council approved...

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