IN RE D & P TERMINAL, INC.

No. 20110194.

819 N.W.2d 491 (2012)

2012 ND 149

D & P TERMINAL, INC.; Potter Enterprises; and William F. Rakowski, Petitioners D & P Terminal, Inc.; Potter Enterprises, Appellants v. City of Fargo, a political subdivision of the State of North Dakota, Respondent and Appellee.

Supreme Court of North Dakota.

Rehearing Denied August 20, 2012.


Attorney(s) appearing for the Case

Jonathan T. Garaas , DeMores Office Park, Fargo, N.D., for petitioners and appellants.

Jane L. Dynes (argued) and Ronald H. McLean (on brief), Fargo, N.D., for respondent and appellee.


CROTHERS, Justice.

[¶ 1] D & P Terminal, Inc., and Potter Enterprises appeal from a district court judgment affirming the decision of the Board of City Commissioners of Fargo ("the Board") approving special assessments against their property. We affirm, concluding the Fargo Special Assessment Commission ("the Commission") did not use an inappropriate method to calculate the benefits to property included in the...

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