Carlson-Lang Realty Co. v. City of Windom

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that property owner may challenge assessment by introducing evidence that amount of assessment exceeds benefit to property
• observing that if property owner presents competent evidence rebutting city’s prima facie case, district court must weigh evidence and make a factual determination
• action challenging assessment “will accrue, if at all, only when the new system is constructed and appellant actually loses customers”
• the slight possibility that the city might close down the owners’ private sewer and water system, especially in the absence of any evidence that this might happen, would make little difference to a willing buyer of the property
• the slight possibility that the city might close down the owners' private sewer and water system, especially in the absence of any evidence that this might happen, would make little difference to a willing buyer of the property
• “[t]he legal limit on special assessments is that they may not exceed the increase in market value of the assessed property, and as a practical matter this means many improvements may not be fully assessed but must be funded through some other means, such as general property taxes”

Source: CourtListener parenthetical corpus (CC0).