133385P.pdfhttp://media.ca8.uscourts.gov/opndir/14/12/133385P.pdf 12/23/2014 DRB #24, LLC v. City of Minneapolis
U.S. Court of Appeals Case No: 13-3385
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Riley, Author, with Wollman and Bye, Circuit Judges]
Civil case. The notice provided plaintiff was sufficient to give notice of the basis for the vacant building fee being imposed so that plaintiff could determine the fee's validity and challenge the application of the fee at an administrative hearing; by failing to appeal the claims within 30 days after the assessment was levied, in compliance with Minn. Stat. Section 429.081, plaintiff waived its substantive attacks on the fees; plaintiff's common law claims challenged the validity and accuracy of the vacant building registration fee and, as such, are attacks on the special assessment and are governed by the statute's 30-day deadline.
Charles W. Thompson, Jr.
Executive Director and General Counsel
International Municipal Lawyers Association, Inc.
7910 Woodmont Ave., Suite 1440
Bethesda, Maryland 20814
202-466-5424 x7110
Direct: 202-742-1016
Cell: 240-876-6790
Plan ahead:
IMLA's Annual Seminar April 24-27, 2015 - Omni Shoreham, Washington D.C.
IMLA's Annual Conference October 3-8, 2015 - The Rio, Las Vegas, NV