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3hrase "applied for any divorce"
<br />was ambiguous, and was not meant
<br />to extend to a mere suit for
<br />divorce without consideration of
<br />intent, circumstances, and results.
<br />It held that in view of the
<br />circumstances of this case, the
<br />widow had not "applied for a
<br />divorce" within the meaning of the
<br />statute, and thus had the right to
<br />pension benefits, along with inter-
<br />est that had accrued from the time
<br />of her husband's death. Donaldson
<br />v. Mankato Policemen's Benefit
<br />Association (Minn. Sup. Ct., March
<br />23, 1979).
<br />TORTS — IMMUNITY
<br />The U.S. District Court for
<br />Vermont has held that cities are
<br />immune from liability for damages
<br />under 42 U.S.C. 1983, arising from
<br />non - malicious actions that were
<br />reasonably thought to be constitu-
<br />tional. Cities enjoy a qualified good
<br />faith immunity for' non - malicious
<br />acts to the extent that there is a
<br />reasonable belief that the act is
<br />constitutional. Reasonableness and
<br />intent may be inferred from the
<br />actions and policy determinations
<br />of those in high office, considered
<br />in light of all the facts and
<br />circumstances of each case.
<br />Ohland v. City of Montpelier (47
<br />L.W. 2589, USDC — VT., 1979).
<br />UTILITIES — SERVICE TERMINATION
<br />A city's termination of utility
<br />services after sending notices to
<br />customers that only apprises them
<br />of threatened termination for
<br />unpaid charges, without informing
<br />them of the opportunity to present
<br />their objections, constitutes a
<br />deprivation of a property interest
<br />without due process of law. There
<br />must be something on the notice
<br />informing the customer of the
<br />availability of a person authorized
<br />to review and correct disputed
<br />bills or of a procedure to protest
<br />the termination of the services.
<br />McGhee v. City of Pensacola (47
<br />L.W. 2605, USDC — N.Fla.,
<br />1979).
<br />LATE MUNICIPAL ADS
<br />APPLICANTS WANTED
<br />CITY MANAGER. Pop. 8,300 - Salary neg.
<br />pres. mid twenties. 3 pers. holding pos.
<br />since 1968. 54 mil. bud., incl. elec. util. 50
<br />employ. Deg. & exp. in pub. admin. req.
<br />Resume with sal. hist. to City Clerk, City
<br />Hall, 508 5. State, Waseca, MN 56093 by
<br />June 15.
<br />PUBLIC WORKS DIRECTOR. Require 8S
<br />in civil eng. + courses in admin., min of 5
<br />yrs. in publ. wks. admin., min. of 3 yrs.
<br />supervisory exp. Salary range 524,816 -
<br />530,927. Apply to City Manager, City Hall,
<br />590 40th Ave. N.E., Columbia Heights, MN
<br />55421, (612) 788 -9221.
<br />FOR SALE
<br />SEWER RODDER. 1976 Model RHRS II,
<br />like new. Sealed bids accepted until 10 a.m.,
<br />June 29. Info. from Bob Gorski,
<br />Sewer /Water Supervisor, 4601 Toledo Ave.
<br />N., Robbinsdale, MN 55422, (612) 537-
<br />4534.
<br />• 7'
<br />did you
<br />know?
<br />EDITOR'S NOTE: The questions below
<br />are typical of the thousands of inquiries
<br />the League receives each year. For more
<br />comprehensive treatment of questions,
<br />the information service of the League is
<br />always available to municipal officials.
<br />Rod The Rodder
<br />Waste Systems
<br />Cleaning
<br />High Velocity Jet Sewer Cleaning
<br />Power Winch Slug Sewer Cleaning
<br />Vacuum Sewer Cleaning
<br />Digester & Imhoff Tank Cleaning
<br />Yearly Maintenance Sewer Cleaning Programs
<br />R.A. HUISMANN
<br />Gheen, Minn. 55740
<br />20 yrs.
<br />in Business
<br />Phone
<br />218 - 787 -2321
<br />30
<br />SPECIAL ASSESSMENTS
<br />Are special assessments still a
<br />viable means of raising funds for
<br />city improvements?
<br />In Buettner v. City of St. Cloud
<br />(Minn. Sup. Ct., March 16, 1979),
<br />summarized in the May issue of
<br />MINNESOTA CITIES, the Minneso-
<br />ta Court decided that when a
<br />dissatisfied property owner appeals
<br />from a special assessment and
<br />alleges that the assessment exceeds
<br />the increase in market value of his
<br />property resulting from the im-
<br />provement, the reviewing court
<br />will not grant any deference to the
<br />decision of the governing body.
<br />Instead, on such appeals, the court
<br />WATER TANK
<br />Maintenance, Repair
<br />ANNUAL CLEANOUT AND
<br />INSPECTION
<br />EMERGENCY STAND -BY
<br />CREWS
<br />• Construction
<br />• Sandblasting
<br />• Painting
<br />• Welding
<br />LARSON
<br />TANK
<br />COMPANY
<br />Member pi A.W.W.A.
<br />LLOYD LARSON, Presided
<br />STAR ROUTE BIG THUNDER LAKE
<br />RIMER, MINNESOTA 56672
<br />PHON{�E: (218) 566-2434
<br />t)0,
<br />MINNESOTA CITIES
<br />
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