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<br />. 4. That the assessment procedure, as followed by the City of Elk River, <br />violates Petitioner's rights of due process and equal protection. <br />5. That the proposed Project will not increase the market value of <br />Petitioner's parcels. <br />6. That as currently apportioned, the proposed assessment does not fairly <br />reflect any resulting benefits to Petitioner's parcels and other affected parcels, nor <br />does the proposed assessment bear any reasonable relationship to the value of any <br />claimed special benefits to Petitioner's parcels. <br />7. That the City of Elk River has not and cannot show that the fair market <br />value of Petitioner's parcels will increase in an amount equal to the proposed <br />assessment. <br /> <br />. <br /> <br />. <br /> <br />8. That any determination by the City of Elk River to defer the assessment <br />upon Petitioner's property is speculative in nature and not subject to deferred <br />assessment treatment. <br /> <br />9. That the City of Elk River acted arbitrarily, capriciously and unreasonably <br />in apportioning the entire assessment against the Petitioner and apportioning none of <br />the assessment against other properties which are affected by the Project. <br />10. That the City of Elk River has violated M.S.A. ~429.01, et seq., including <br />M.S.A. ~429.051, in apportioning the entire assessment against the Petitioner and <br />apportioning none of the assessment against other properties which are affected by <br />the Project. <br />11 . That the City of Elk River followed no reasonable rule in apportioning the <br />entire assessment against the Petitioner and apportioning none of the assessment <br />against other properties which are affected by the Project. <br /> <br />INDEPENDENT SCHOOL DISTRICT NO. 728 <br /> <br />Dated: <br /> <br />, 1999 <br /> <br />u~FC <br /> <br />Dr. David Flannery, Superi tendent <br /> <br />By: <br /> <br /> <br />2 <br />