Senske Rentals v. City of Grand Forks

Citations

• 988 N.W.2d 598
• 2023 ND 55

Syllabus

The appellate court has discretion whether to grant a parties' request for judicial notice on appeal. A court's review of special assessments for local improvements is limited to assuring that local taxing authorities do not act arbitrarily, capriciously, or unreasonably. Special assessments for local improvements are presumed valid, and the burden is on the party challenging the validity to demonstrate they are invalid. A special assessment against any property must not exceed the benefit the property receives from the improvement. An adequate record for review of a special assessment commission's determination must include a showing of how the commission determined the project benefit. A special assessment commission has broad discretion to choose the method used to decide benefits and assess individual properties. Issues not raised in the district court cannot be raised for the first time on appeal.