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RHODENBAUGH v. CITY OF BAYPORT

No. C8-89-1330.

450 N.W.2d 608 (1990)

William D. RHODENBAUGH, et al., Respondents, v. CITY OF BAYPORT, Washington County, Appellant.

Court of Appeals of Minnesota.

Review Denied March 16, 1990.

Attorney(s) appearing for the Case

James F. Lammers, Eckberg, Lammers, Briggs, Wolff and Vierling, Stillwater, for respondents.

John H. Rheinberger, Rheinberger and Rheinberger, Stillwater, for appellant.

Considered and decided by CRIPPEN, P.J., and GARDEBRING and FLEMING, JJ., without oral argument.

OPINION

WILLIAM J. FLEMING, Judge.

Appellant City of Bayport sought to assess respondents' property for the entire cost of a sanitary sewer extension. Respondents objected to the assessment due to failure of the city to follow statutory requirements prior to ordering the improvement. The trial court held that the city had failed to comply with statutory requirements for ordering the improvement, and that this failure rendered the assessment against respondents...

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