City of East Bethel v. Anoka County Housing & Redevelopment Authority

798 N.W.2d 375, 2011 Minn. App. LEXIS 47, 2011 WL 1642631
Court of Appeals of Minnesota·Decided May 3, 2011·No. No. A10-1628·Published·Cited by 3 cases

Opinion

OPINION

KALITOWSKI, Judge.

In this taxation dispute, appellant ACHRA challenges the district court’s declaratory judgment, which prevents ACHRA from imposing a special levy on real property within the boundaries of respondent City of East Bethel. ACHRA contends that neither Minn.Stat. §§ 469.001-.047 (2010) (the housing and redevelopment act) nor the special law authorizing ACHRA’s creation limits ACHRA’s ability to assess special-benefit taxes in cities that have their own HRAs. In the alternative, ACHRA argues that if its ability to assess special taxes is limited by statute, ACHRA is only prohibited from assessing special taxes in those cities that established an HRA before ACHRA was created. East Bethel challenges the timeliness and scope of the appeal.

FACTS

ACHRA was established in 1994 based on the authority provided in a 1978 special law. Since 1994, ACHRA has imposed special levies on real estate throughout Anoka County to support its operations and projects. In 2009, East Bethel created its own HRA under the housing and redevelopment act. See Minn.Stat. § 469.003 (authorizing cities to create HRAs). In September 2009, East Bethel commenced an action against ACHRA, seeking injunctive and declaratory relief to prevent ACHRA from assessing special taxes on real estate within East Bethel. ACHRA argued that the special law only limited its taxing authority in cities with HRAs that preexisted ACHRA and that allowing cities to withdraw from ACHRA’s taxing district would threaten ACHRA’s future viability. Interpreting the special law within the context of the housing and redevelopment act, the district court granted a temporary injunction and, after a bench trial, entered declaratory judgment against ACHRA.

ACHRA moved for a new trial under Minn. R. Civ. P. 59.03 and for amended findings under Minn. R. Civ. P. 52.02. ACHRA argued that the district court should amend its findings to include discussion of ACHRA’s county-wide programs and change its conclusions of law to state that ACHRA’s taxing district is limited only by preexisting city HRAs. [378] ACHRA requested a new trial on the issue of whether it could assess special-benefit taxes on property within East Bethel. In its supporting memorandum, ACHRA raised new statutory-interpretation arguments. After a hearing, in which the additional statutory-interpretation arguments were discussed, the district court denied both motions.

ISSUES

1. Did ACHRA file a timely notice of appeal and preserve all of its arguments for appeal?

2. Does ACHRA have authority to impose special levies on real property in East Bethel after the creation of East Bethel’s HRA?

ANALYSIS

I.

When a “proper and timely” motion for amended findings of fact or for a new trial is filed, the 60-day period for filing an appeal does not begin to run until “the service by any party of notice of filing of the order disposing of the last such motion outstanding.” Minn. R. CivApp. P. 104.01, subds. 1, 2(c) — (d). In the absence of a proper and timely posttrial motion authorized by rule 104.01, the period for filing an appeal expires 60 days after judgment is entered. Id., subd. 1.

ACHRA filed its notice of appeal on September 16, 2010. East Bethel argues that because ACHRA’s posttrial motions were improper motions for reconsideration, ACHRA was required to file its notice of appeal by September 13, 2010 — 60 days after the declaratory judgment was entered. We disagree.

To be proper, a posttrial motion must be authorized. Madson v. Minn. Mining & Mfg. Co., 612 N.W.2d 168, 172 (Minn.2000). A motion is authorized, and therefore proper, if “on the face of the document the party has filed a motion that is expressly allowed under [rule 104.01,] subdivision 2.” Id. Rule 104.01, subdivision 2, allows motions for amended findings and a new trial.

Motion for New Trial

A motion for a new trial must make that request expressly and state the basis for the request “explicitly and with specificity.” Swartwoudt v. Swartwoudt, 349 N.W.2d 600, 602 (Minn.App.1984), review denied (Minn. Sept. 12, 1984); see also Minn. R. Civ. P. 7.02(a) (requiring motions to “state with particularity the grounds therefor”). Rule 59 permits a motion for a new trial on the ground that “[t]he verdict, decision, or report is ... contrary to law.” Minn. R. Civ. P. 59.01(g). If ACHRA did not file a motion for a new trial, the scope of review on appeal would be limited. See Gruenhagen v. Larson, 310 Minn. 454, 458, 246 N.W.2d 565, 569 (1976) (stating that “where there has been no motion for a new trial the only questions for review are whether the evidence sustains the findings of fact and whether such findings sustain the conclusions of law and the judgment”).

We reject East Bethel’s argument that because ACHRA’s motion for a new trial challenged the district court’s statutory interpretation on undisputed facts after a bench trial, it was an improper motion for reconsideration. And we conclude that ACHRA’s request for a new trial and the basis for the request were sufficiently specific and explicit in its motion and memorandum to toll the time for filing a notice of appeal. See GN Danavox, Inc. v. Starkey Labs., Inc., 476 N.W.2d 172, 176 (Minn.App.1991) (holding that inclusion of issue in memorandum gave defendant the opportunity to respond and allowed district [379] court to address the issue), review denied (Minn. Dec. 13, 1991).

Motion for Amended Findings

A motion for amended findings “must both identify the alleged defect in the challenged findings and explain why the challenged findings are defective.” State by Fort Snelling State Park Ass’n v. Minneapolis Park & Recreation Bd., 673 N.W.2d 169, 178 & n. 1 (Minn.App.2003) (citing Lewis v. Lewis, 572 N.W.2d 313, 315 (Minn.App.1997), review denied (Minn. Feb. 19, 1998), and discussing its continued viability in determining whether a motion for amended findings has the necessary components), review denied (Minn. Mar. 16, 2004). ACHRA submitted proposed amended findings with its memorandum and discussed these at oral argument on the motions. Thus, this motion was also proper.

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City of East Bethel v. Anoka County Housing & Redevelopment Authority, 798 N.W.2d 375, 2011 Minn. App. LEXIS 47, 2011 WL 1642631 (Mich. Ct. App. 2011).

798 N.W.2d 375 (City of East Bethel v. Anoka County Housing & Redevelopment Authority) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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