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Holter v. City of Mandan

Docket No. 20190277
Oral Argument: Tuesday, January 21, 2020 2:45 PM

Docket Info

Title
Deborah Holter, Petitioner and Appellant
v.
City of Mandan, a political subdivision of
The State of North Dakota, Respondent and Appellee
Case Type
CIVIL APPEAL : ADMINISTRATIVE PROCEEDING
Appeal From
Case No. 2017-CV-01003
South Central Judicial District, Morton County
Cynthia Feland

Parties' Statement of Issues

  • Appellant

    A. The Special Assessment Commission and City Commission acted arbitrarily, capriciously and unreasonably by failing to determine the benefit conferred to Holter’s properties.
    B. The Special Assessment Commission and City Commission acted arbitrarily, capriciously and unreasonably by assessing Holter an amount that was not limited to the just proportion of the total cost of the improvement.
    C. The Special Assessment Commission and City Commission acted arbitrarily, capriciously and unreasonably because the amount assessed to Holter’s properties exceed the benefit to those properties.
    D. The Special Assessment Commission and City Commission acted arbitrarily, capriciously and unreasonably because the method used to derive the assessed amount is not applied equally to similarly situated property owners

  • Appellee 1

    The decision of the Special Assessment Commission related to the special assessments for Mandan Street Improvement District No. 199 were not arbitrary, capricious, or unreasonable and the assessments did specifically benefit the property of the Appellant.


Summary

Deborah Holter appeals after the district court dismissed her appeal of the Mandan Board of City Commissioners’ decision relating to special assessments against her property.

In 2015, the Board authorized street improvements in Mandan to be paid for with special assessments. Holter owns three lots benefited by the improvements. After completion of the improvements, the Mandan Special Assessment Commission approved proposed special assessments against the benefited properties and moved the decision to the Board for its consideration. Holter is a member of the Mandan Special Assessment Commission, but she abstained from the vote approving the special assessments. Holter’s three lots were assessed approximately $50,000. Holter objected to the assessment as being unfair. After the Board approved the special assessments, Holter appealed the Board’s decision to the district court. The court affirmed the Board’s decision, concluding that the amount assessed to Holter’s property was consistent with the amounts assessed to other lots benefited by the improvements.

On appeal, Holter argues the amount assessed to her property was erroneous.


Briefs

Filing Date Description
10/28/2019 APPELLANT BRIEF View
11/25/2019 APPELLEE BRIEF View
12/12/2019 REPLY BRIEF View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE Malcolm H Brown - 02842
APPELLANT PRIVATE PRACTICE William Cory Black - 07284

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 09/09/2019 NOTICE OF APPEAL : 09/09/2019
2 09/11/2019 Rec'd $125.00 filing fee (receipt #27365)
3 09/16/2019 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 09/16/2019 Notice served on William C. Black and Malcolm H. Brown
5 10/16/2019 ELEC. RECORD ON APPEAL DATED October 15, 2019 (ENTRY NOS. 1- 60)
6 10/17/2019 MOT. EXT/TIME APPELLANT BRIEF
7 10/18/2019 ACTION BY CLERK - Granted : 10/28/2019
8 10/28/2019 APPELLANT BRIEF View
9 10/28/2019 APPELLANT APPENDIX
10 10/28/2019 Oral Argument Request by Appellant
11 10/30/2019 Rec'd $78.00 surcharge for overage on Appendix. (Receipt No 27419)
12 11/01/2019 Rec'd non-substantive corrections to ATB/ATA
13 11/05/2019 Rec'd 6 copies of ATB/ATA from Central Duplicating
14 11/25/2019 APPELLEE BRIEF View
15 11/29/2019 Rec'd non-substantive corrections to AEB
16 12/02/2019 Rec'd 6 copies of AEB from Central Duplicatin
17 12/12/2019 REPLY BRIEF View
18 12/16/2019 Rec'd 6 copies of RYB back from Central Duplicating
19 12/20/2019 NOTICE OF ORAL ARGUMENT SENT