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8 -21 -1998 2 :22PM <br />Thomas M. Sweeney <br />George F. Borer <br />Patiek J. Sweeney <br />Robin D, Tomncy <br />Anne Spencer <br />FROM SWEENEY LAW FIRM 2235289 P.1 <br />Sweeney, Borer & Sweeney <br />Professional Association <br />Attorneys at Law <br />Suite 1200 <br />Capital Centre <br />386 North Wabasha Street <br />St. Paul, Minnesota 55102 <br />August 21, 1998 <br />VTA FAORTj5TTJF4 <br />Mr. Joel R. Hanson <br />City Administrator <br />515 Little Canada Road <br />Little Canada, MN 55117 <br />Re: Marzitelli et al.. vs. City of Little Canada <br />Our File No. 7904 <br />Dear Joel: <br />Telephone <br />(651) 222-2541 ' <br />Facsimile ' <br />(651) 229 -5289 <br />We are extremely pleased to advise you that the Minnesota <br />Supreme Court has affirmed the decision of the Ramsey County <br />District Court of September 12, 1996, in which the District Court <br />determined that the Little Canada special assessment of $5,158.78 <br />was legally proper and that the benefit of the improvement to the <br />property exceeded the amount of the special assessment. <br />A factual review might be helpful. The time for appeal from <br />the September 12, 1996, Order began running on October 1, 1996, <br />when we served the property owner with notice of filing of the <br />Order: The time for appeal from this Order expired on November <br />4, 1996. The attorney for the property owner filed a Motion for <br />Amended Findings on October 18, 1996, which Motion was heard on <br />November 20, 1996. Following the hearing of November 20, 1996, <br />the Ramsey County District Court issued an Amended Order, filed <br />on December 23, 1996, in which the District Court vacated the <br />special assessment and concluded that the special assessment was <br />an unconstitutional taking of the property. <br />Page 31 <br />