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<br />. <br /> <br />. <br /> <br />. <br /> <br />In Re: <br /> <br />School Street Improvement of 1 999 <br /> <br />NOTICE OF APPEAL <br /> <br />Independent School District No. 728, <br /> <br />Court File No. <br /> <br />Petitioner/Appellant. <br /> <br />TO: Stephanie Klinzing, Mayor, City of Elk River; Sandy Peine, Clerk, City of Elk <br />River; and Sherburne County District Court Administrator: <br /> <br />PL~ASE TAKE NOTICE that Appellant and Petitioner below, Independent School <br />District No. 728, a party aggrieved by the actions of the City of Elk River in setting <br />assessments in the above-entitled matter, hereby appeal to District Court pursuant to <br />the provisions of Minn. Stat. ~429.081. <br />The assessments appealed by Appellant result from actions and resolutions <br />taken by the Elk River City Council at a public hearing dated May 10, 1999, wherein <br />the City of Elk River adopted its resolution accepting the proposed assessments and <br />levying the same in the above-entitled matter and certifying the same to the Sherburne <br />County Auditor. <br />That Appellant has appropriately filed written objection to the proposed <br />assessments under the provisions of Minn. Stat. ~429.061, subd. 1 and subd. 2, and <br />filed the same with the Clerk of the City of Elk River on May 10, 1999, prior to the <br />adoption of the assessment against Appellant's parcels. Said objections include, but <br />are not limited to, the following: <br />1 . That the proposed Project would not provide any special benefit to <br />Petitioner's parcels. <br />2. That should the Project be completed, the proposed assessment will <br />exceed any increase in the market value of Petitioner's property. <br />3. That the proposed assessment constitutes an unconstitutional taking of <br />Petitioner's property without just compensation. <br /> <br />1 <br />