2005 Minnesota Statutes

     429.081 Appeal to district court. 

    Within 30 days after the adoption of the assessment, any 
 person aggrieved, who is not precluded by failure to object 
 prior to or at the assessment hearing, or whose failure to so 
 object is due to a reasonable cause, may appeal to the district 
 court by serving a notice upon the mayor or clerk of the 
 municipality.  The notice shall be filed with the court 
 administrator of the district court within ten days after its 
 service.  The municipal clerk shall furnish appellant a 
 certified copy of objections filed in the assessment 
 proceedings, the assessment roll or part complained of, and all 
 papers necessary to present the appeal.  The appeal shall be 
 placed upon the calendar of the next general term commencing 
 more than five days after the date of serving the notice and 
 shall be tried as other appeals in such cases.  The court shall 
 either affirm the assessment or set it aside and order a 
 reassessment as provided in section 429.071, subdivision 2.  If 
 appellant does not prevail upon the appeal, the costs incurred 
 shall be taxed by the court and judgment entered therefor.  All 
 objections to the assessment shall be deemed waived unless 
 presented on such appeal.  This section provides the exclusive 
 method of appeal from a special assessment levied pursuant to 
 this chapter. 

    HIST: 1953 c 398 s 8; 1961 c 525 s 9; 1978 c 749 s 2; 1980 c 
 607 art 11 s 3; 1Sp1986 c 3 art 1 s 82