Within 30 days after the adoption of the assessment, any person aggrieved, who is not precluded by failure to object prior to or at the assessment hearing, or whose failure to so object is due to a reasonable cause, may appeal to the district court by serving a notice upon the mayor or clerk of the municipality. The notice shall be filed with the court administrator of the district court within ten days after its service. The municipal clerk shall furnish appellant a certified copy of objections filed in the assessment proceedings, the assessment roll or part complained of, and all papers necessary to present the appeal. The appeal shall be placed upon the calendar of the next general term commencing more than five days after the date of serving the notice and shall be tried as other appeals in such cases. The court shall either affirm the assessment or set it aside and order a reassessment as provided in section 429.071, subdivision 2. If appellant does not prevail upon the appeal, the costs incurred shall be taxed by the court and judgment entered therefor. All objections to the assessment shall be deemed waived unless presented on such appeal. This section provides the exclusive method of appeal from a special assessment levied pursuant to this chapter.
Notes of Decisions
McCullough & Sons, Inc. v. City of Vadnais Heights, A14-1992, 883 N.W.2d 580 (Minn. 2016).
· cites it 10× “In accordance with the requirements of Minn.Stat. § 429.081 (2014), McCullough appealed the City’s decision by serving a notice of appeal upon the mayor of Vadnais Heights and then filing a copy of the notice of appeal with the Ramsey County District Court.”
McCullough & Sons, Inc. v. City of Vadnais Heights, 868 N.W.2d 721 (Minn. Ct. App. 2015).
· cites it 33× “Shortly thereafter, appellant moved for summary judgment, claiming that under Minn.Stat. § 429.081, respondent was precluded from appealing the assessment to the district court because the special assessment was not objected to in writing prior to or at the July 17, 2014 city…”
Marzitelli v. City of Little Canada, 582 N.W.2d 904 (Minn. 1998).
· cites it 8× “Pursuant to Minn.Stat. § 429.081 (1996), which establishes the procedure for appealing a special assessment in the district courts, the Marzitellis filed a timely appeal of the assessment.”
Cederberg v. City of Inver Grove Heights, 686 N.W.2d 853 (Minn. Ct. App. 2004).
· cites it 20× “The district court dismissed the appeal as untimely after determining that appellant failed to comply with the mandatory jurisdictional requirements of Minn. Stat. § 429.081 (2002). The court also determined that appellant’s attempt to join additional affected property owners…”
Vill. of Edina v. Joseph, 119 N.W.2d 809 (Minn. 1962).
· cites it 6× “1957, § 429.081, in their own behalf and purportedly in behalf of all abutting property owners affected by the assessment.”
Chard Realty, Inc. v. City of Shakopee, 392 N.W.2d 716 (Minn. Ct. App. 1986).
· cites it 7× “Did Chard waive his objections to the special assessment by failing to object in accordance with Minn.Stat. § 429.081? 2. Is Chard entitled to the liquidated damages provided in the contract between the city and Knutson? ANALYSIS I The trial court ruled that Chard waived his…”
Shortridge v. Daubney, 400 N.W.2d 841 (Minn. Ct. App. 1987).
· cites it 18× “The notice also contained a paragraph advising them that an owner could appeal an assessment pursuant to Minn.Stat. § 429.081 by serving notice of an appeal on the mayor or city clerk within 20 days after the adoption of the assessment.”
Greer v. City of Eagan, 486 N.W.2d 470 (Minn. Ct. App. 1992).
· cites it 13× “Following a hearing, the district court determined the Notice was not timely because it was not filed with the district court within 10 days after its service on the city clerk, as required by Minn.Stat. § 429.081 (1990). The district court therefore granted summary judgment to…”
Sievert v. City of Lakefield, 319 N.W.2d 43 (Minn. 1982).
· cites it 8× “Minn.Stat. § 429.081 (1976) allowed a person aggrieved by a special assessment 20 days from its adoption to appeal to the district court.”
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