City of Brainerd v. Brainerd Invs. P'ship :: March, 2013 :: Minnesota Supreme Court Decisions :: Minnesota Case Law :: US Case Law :: US Law :: Justia

City of Brainerd v. Brainerd Invs. P'ship :: March, 2013 :: Minnesota Supreme Court Decisions :: Minnesota Case Law :: US Case Law :: US Law :: Justia

Justia.com Opinion Summary: Central Lakes College (CLC) formally petitioned the City of Brainerd to reconstruct a road. The City validated the petition and resolved to pay for a portion of the project with special assessments. Appellants, who owned property adjacent to the road, challenged the legality of the petition, arguing that because CLC was an instrumentality of the State, and the State cannot be bound by special assessments of its property, CLC was not an "owner" of property permitted to petition for an improvement under Minn. Stat. 429.031(1)(f). The district court granted summary judgment for the City. The Supreme Court affirmed, holding (1) CLC was an "owner" of property under the plain language of the statute; and (2) therefore, CLC's petition was valid.