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PROGRAMMED LAND, INC. v. O'CONNOR

Nos. CX-99-777, C7-99-1210.

602 N.W.2d 895 (1999)

PROGRAMMED LAND, INC., et al., Respondents, v. Patrick O'CONNOR, in his capacity as Treasurer and Auditor for Hennepin County, et al., Appellants; and Harold Christian, individually, and on behalf of all others similarly situated, Respondent, v. Thomas Novak, in his capacity as Treasurer and Auditor for Dakota County, et al, Appellants.

Court of Appeals of Minnesota.

December 7, 1999.

Attorney(s) appearing for the Case

Alan L. Kildow, John J. Steffenhagen, Sonya R. Braunschweig, Larkin, Hoffman, Daly & Lindgren, Ltd., Bloomington, MN; and Robert A. Hill, Robert Hill & Associates, Ltd., Minneapolis, MN; and Keith E. Simons, Keith E. Simons, P.A., Hopkins, MN (for respondents).

Amy Klobuchar, Hennepin County Attorney, Robert T. Rudy, Senior Assistant County Attorney, Mark K. Maher, Assistant County Attorney, Minneapolis, MN (for appellants Hennepin County, et al.).

James C. Backstrom, Dakota County Attorney, Jay R. Stassen, Assistant County Attorney, Hastings, MN (for appellants Dakota County, et al.).

Considered and decided by SCHUMACHER, Presiding Judge, RANDALL, Judge, and FOLEY, Judge.

OPINION

RANDALL, Judge.

These consolidated cases are based on the miscalculation of property taxes by both Hennepin and Dakota Counties and the subsequent overpayment of taxes by owners of commercial and industrial properties. Hennepin County was denied summary judgment by the district court. In Dakota County, the case went to trial on stipulated facts, and the property owner was awarded judgment. Both counties appeal and argue that: (1) Minnesota Statutes...

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