North Dakota Supreme Court

Senske Rentals v. City of Grand Forks

September 12, 20242024 ND 172

Summary

The Court held that the special assessment commission had to determine the special benefits to each lot independently of the project's cost before allocating assessment costs. Because the City acknowledged that it used a cost-allocation method rather than an independent benefit determination, the Court found the assessment process arbitrary, capricious, and unreasonable, reversed the district court, and remanded to the City. The Court also held that the district court did not abuse its discretion by retaining the benefit-and-assessment chart in the appellate record.