Bateman v. City of Grand Forks
Docket No. 20070217
Oral Argument:
Tuesday, December 18, 2007 2:45pm
Docket Info
- Title
- Suellen Bateman, Appellant
v.
City of Grand Forks, Appellee - Case Type
- CIVIL APPEAL : REAL PROPERTY
- Appeal From
-
Case No. 06-C-01546
Northeast Central Judicial District, Grand Forks County
Karen Kosanda Braaten
2008 ND 72747 N.W.2d 117
Oral Argument
12/18/2007
Highlight
A court's review of special assessments for local improvements is limited to assuring that local taxing authorities do not act arbitrarily, capriciously, or unreasonably.
Special assessments for local improvements are presumed valid, and the burden is on the party challenging the validity to demonstrate they are invalid.
A special assessment against any property must not exceed the benefit the property receives from the improvement.
A special assessment commission has broad discretion to choose the method used to decide benefits and assess individual properties.
Counsel
| Party | Type | Name |
|---|---|---|
| APPELLEE | CITY ATTORNEY | Howard D. Swanson - 04075 |
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 08/01/2007 | NOTICE OF APPEAL : 07/30/2007 | |
| 2 | 08/29/2007 | RECORD ON APPEAL, which includes Certification of Record of City of Grand Forks | |
| 3 | 09/10/2007 | APPELLANT BRIEF (e-filed) | View |
| 4 | 09/10/2007 | E-FILED BRIEF (ATB) | |
| 5 | 09/10/2007 | Addendum (one page)(Attached to ATB) | |
| 6 | 09/10/2007 | APPELLANT APPENDIX | |
| 7 | 09/10/2007 | Received $25 surcharge for ATB (Receipt #17687) | |
| 8 | 09/13/2007 | Received 7 copies of ATB from Central Duplicating. | |
| 9 | 10/02/2007 | APPELLEE BRIEF | View |
| 10 | 10/03/2007 | DISK - aeb | |
| 11 | 10/03/2007 | Affidavit of Mailing dated 10-2-07 showing service of AEB on opposing counsel | |
| 12 | 10/19/2007 | REPLY BRIEF | View |
| 13 | 10/19/2007 | E-FILED BRIEF (RYB) | |
| 14 | 10/24/2007 | Received 7 copies of RYB from Central Duplicating. | |
| 15 | 12/18/2007 | APPEARANCES: Beth A. Baumstark, Derrick L. Braaten; Howard D. Swanson | |
| 16 | 12/18/2007 | ARGUED: Baumstark; Swanson | |
| 17 | 12/18/2007 | ORAL ARGUMENT WEBCAST | |
| 18 | 04/17/2008 | DISPOSITION | |
| 19 | 04/17/2008 | UNANIMOUS OPINION : Sandstrom, Dale V. | View |
| 20 | 04/17/2008 | Costs on appeal taxed in favor of Appellee | |
| 21 | 04/18/2008 | Judgment Mailed to Parties | |
| 22 | 05/09/2008 | MANDATE | |
| 23 | 05/15/2008 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 24 | 04/25/2018 | EXPUNGED - Nonpermanent record items destroyed |