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BISBEE v. CITY OF FAIRMONT

No. C3-98-2151.

593 N.W.2d 714 (1999)

John BISBEE, et al., Respondents, v. CITY OF FAIRMONT, Appellant, and Jim Chipman, Respondent. Lynette Chipman, Respondent, v. City of Fairmont, Appellant, and Kenneth Krueger, d/b/a Krueger Realty, Inc., Respondent, v. City of Fairmont, Appellant.

Court of Appeals of Minnesota.

June 1, 1999.

Attorney(s) appearing for the Case

Gary G. Wollschlager, Michael V. Tow, Wollschlager, Tow & Associates Law Firm, P.A., Fairmont, for respondents Bisbee, et al.

Roger N. Knutson, Andrea McDowell Poehler, Campbell Knutson, P.A., Eagan, MN; and Elizabeth W. Bloomquist, Fairmont City Attorney, Fairmont, for appellant.

Jim and Lynette Chipman, Fairmont, pro se.

Matthew T. Nielsen, Scott & Nielsen, P.A., Fairmont, for respondent Kenneth Krueger, d/b/a Krueger Realty, Inc.

Considered and decided by HALBROOKS, Presiding Judge, PETERSON, Judge, and WILLIS, Judge.

OPINION

HALBROOKS, Judge.

Appellant City of Fairmont challenges the summary judgment granted by the district court in favor of respondent landowners in a consolidated special assessment appeal. Appellant argues: (1) the district court lacked subject matter jurisdiction to hear respondents' joint appeal; and (2) appellant's assessment method was valid and created a genuine issue of material fact as to whether the assessments exceeded the special benefits...

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