D&P Terminal v. City of Fargo
Enterprises; and William F.
Rakowski, Petitioners
---------
D&P Terminal, Inc.; Potter Appellants
Enterprises
v.
City of Fargo, a political
subdivision of the State
of North Dakota, Respondent and Appellee
Judge Wickham Corwin
| Appellant: | Jonathan T. Garaas | |
| Appellee: | Ronald H. McLean | |
| Appellee: | Jane L. Dynes |
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1.Is a special assessment arbitrarily and unconstitutionally imposed upon a landowner's lot when there has never been a determination of the amount the lot has especially benefitted by the municipal improvement?
2.Can a special assessment be sustained when a Special Assessment Commission failed to strictly observe statutory mandates of N.D.C.C. Chap. 40-23? (a).Can a special assessment district be sustained when a special assessment district merely applies Fargo's Infrastructure Funding Policy to an improvement district without determining the amount a particular lot is especially benefited by the construction of the work?(b)Has the Special Assessment Commission failed to prepare an assessment list that complies with statute and follow statutory due process requirements?
3.Can a special assessment be sustained when a city auditor's certificate of costs includes: (a) higher construction costs than existed under known, public construction contracts, and resulting payments into NDDOT based upon said contracts; (b) arbitrary city engineering/design fees, based upon a percentage of alleged costs, even though project engineering was performed by NDDOT, and paid under contract to NDDOT; and (c) the inclusion of costs for an earlier bridge project that was bid and constructed prior to the Resolution of Necessity?
4.Is a special assessment valid when a city, or its Special Assessment Commission, failed to honor a 15% cap on special assessments found within the city's adopted Resolution of Necessity?
5.Was the Fargo City Commission's decision to uphold the special assessment arbitrary, capricious, unreasonable, not supported by substantial evidence or based upon the misapplication of existing law?
Appellee's Statement of the Issues:
Whether the District Court Judgment upholding the Fargo City Commission's October 4, 2010 approval of the Special Assessment Commission's assessment list for Improvement District 5547 should be affirmed.
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