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BRAINERD v. BRAINERD INV'S PARTNERSHIP

Nos. A11-0644, A11-1471.

827 N.W.2d 752 (2013)

CITY OF BRAINERD, Respondent (A11-0644), v. BRAINERD INVESTMENTS PARTNERSHIP, et al., Respondents Below (A11-0644), Roger Anda, et al., Appellants (A11-0644); Betty Anda, et al., Appellants (A11-1471), v. City of Brainerd, Minnesota, Respondent (A11-1471).

Supreme Court of Minnesota.

March 13, 2013.

Attorney(s) appearing for the Case

Gerald W. Von Korff , Rinke Noonan , Saint Cloud, Minnesota, for appellants.

George C. Hoff , Justin L. Templin , Hoff, Barry & Kozar, P.A., Eden Prairie, Minnesota, for respondent.

GILDEA, C.J., G. BARRY ANDERSON, PAUL H. ANDERSON, WRIGHT, JJ.

OPINION

GILDEA, Chief Justice.

This case involves a resolution by respondent City of Brainerd ("City") to expand a road and pay for a portion of the improvement with special assessments. Appellants Roger and Elizabeth Anda, and James H. Martin, LLC ("appellants"), who own property adjacent to the road to be improved, challenge the legality of a petition for the improvement submitted by Central Lakes College ("CLC"). Appellants argue that because CLC is an...

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