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1989 ST. IMP. PROGRAM v. DENMARK TP.

No. C7-91-1819.

483 N.W.2d 508 (1992)

In re 1989 STREET IMPROVEMENT PROGRAM (117TH STREET), Appellant, v. DENMARK TOWNSHIP, WASHINGTON COUNTY, MINNESOTA, Respondent.

Court of Appeals of Minnesota.

April 14, 1992.

Attorney(s) appearing for the Case

Jack W. Clinton, Tori Jo Wible, Jack W. Clinton, P.A., Cottage Grove, for appellant.

Michael T. Feichtinger, John A. Nelson, St. Cloud, Gregory G. Galler, Stillwater, for respondent.

Carla Heyl, Saint Paul, for amicus curiae League of Minnesota Cities.

Considered and decided by KLAPHAKE, P.J., and FORSBERG and MULALLY, JJ.

OPINION

FORSBERG, Judge.

This is an appeal from a district court judgment upholding a resolution by the Town Board of Denmark Township, which ordered a street improvement and assessment on 117th Street in the township. Appellant argues that the resolution was invalid because four-fifths of "all" the members of the Town Board did not vote for the resolution.

FACTS

The facts in this case are undisputed. Several property owners/renters petitioned...

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