Bateman v. City of Grand Forks

2:45pm Tuesday, December 18, 2007
20070217 Suellen Bateman, Appellant
v.
City of Grand Forks, Appellee
Appeal from: Northeast Central Judicial District, Grand Forks County, Judge Karen Kosanda Braaten
Nature of Action: Real Property
Counsel:

Appellant: Sarah Vogel Law Firm, P.C.
Appellee: Howard D. Swanson , City Attorney

Issues: Appellant's Statement of the Issues:
1. Whether the City of Grand Forks ("City") acted arbitrarily, capriciously, or unreasonably in assessing the combined cost of constructing the dike along the Red River and the cost of the diversion of the English Channel against all property within the Grand Forks city limits rather than limiting the assessment to the portion of the project that specially benefited each particular parcel of property.
2. Whether the City acted arbitrarily, capriciously or unreasonably in determining the special benefit the property of Plaintiff/Appellant Suellen Bateman (Bateman) receives from the flood control project and in setting the amount of the assessment.
3. Whether the special assessment on Bateman's property exceeded the benefit to that property, exceeded its just proportion to the total cost of the improvement that specifically benefited the property and therefore is unconstitutional.
Appellee's Statement of the Issues:
I.Whether the Grand Forks City Council acted arbitrarily, oppressively, or unreasonably when it determined that Bateman's property was benefitted by the City's comprehensive flood control project and therefore subject to special assessments for a portion of the project's cost.
II.Whether the Grand Forks City Council's decision to impose special assessments for a flood control project against Bateman's property was supported by substantial evidence.
Briefs:
Case Summary
Appellant Brief
Appellee Brief
Reply Brief
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Generated from Supreme Court Docket on 12/31/2007