MCNALLY DEVELOPMENT CORP. v. CITY OF WINONA

No. A03-1785.

686 N.W.2d 553 (2004)

DAVID E. McNALLY DEVELOPMENT CORPORATION, Respondent, v. CITY OF WINONA, Appellant.

Court of Appeals of Minnesota.

September 21, 2004.


Attorney(s) appearing for the Case

Gregory M. Spoo, Rochester, MN, for respondent.

Bruce A. Nelson, Assistant Winona City Attorney, Robertson, Blahnik & Nelson, Winona, MN, for appellant.

Considered and decided by MINGE, Presiding Judge; HARTEN, Judge; and HALBROOKS, Judge.


OPINION

MINGE, Judge.

Appellant city challenges the district court's judgment setting aside its assessment and ordering a reassessment of all property covered by the assessment roll. Although respondent's evidence as to cost and value is insufficient to rebut the presumption of the assessment's validity, we agree with the district court that the city did not comply with its ordinance in determining the gross developable area benefited by the improvement...

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