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HECTOR v. CITY OF FARGO

No. 20130223.

844 N.W.2d 542 (2014)

2014 ND 53

Fred M. HECTOR, Individually and on behalf of all Landowners specifically assessed for Special Assessment Project 5314, Plaintiff and Appellant v. CITY OF FARGO, a municipal corporation, Defendant and Appellee.

Supreme Court of North Dakota.

March 20, 2014.

Attorney(s) appearing for the Case

Jonathan T. Garaas (argued), Fargo, N.D., for plaintiff and appellant.

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

SANDSTROM, Justice.

[¶ 1] Fred Hector appeals from a summary judgment dismissing his action against the City of Fargo for claims involving special assessments against his land. He argues the district court erred in granting Fargo summary judgment, because N.D.C.C. § 40-26-07 authorizes his action to judicially establish Fargo's special assessments are void to the extent the assessments exceed Fargo's actual costs of improvements and his claims are not barred...

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