Delinquent Taxes of Carney v. Murray County Board of Commissioners

384 N.W.2d 920, 1986 Minn. App. LEXIS 4226
CourtCourt of Appeals of Minnesota
DecidedApril 15, 1986
DocketNo. C2-85-1430
StatusPublished
Cited by1 cases

This text of 384 N.W.2d 920 (Delinquent Taxes of Carney v. Murray County Board of Commissioners) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Delinquent Taxes of Carney v. Murray County Board of Commissioners, 384 N.W.2d 920, 1986 Minn. App. LEXIS 4226 (Mich. Ct. App. 1986).

Opinion

OPINION

NIERENGARTEN, Judge.

Murray County Board of Commissioners (Murray County) appeals from a June 28, 1985 order and a July 1, 1985 judgment directing the Murray County Auditor to delete assessments for noxious weed eradication on Leon Carney’s property. We affirm.

FACTS

As a result of aerial spraying of noxious weeds on Leon Carney’s property at Murray County’s direction, Carney was assessed $1,055.67. He protested the assessment pursuant to Minnesota Statutes Chapter 278, but the case was dismissed without prejudice because the petition was not filed within the required statutory time. Carney was granted, however, leave to re-open the action as an aggrieved landowner as provided under Minnesota law. See Minn.Stat. §§ 279.15, .17 (1984).

On July 13, 1983, the county agricultural inspector and the township board members toured Leon Carney’s property and discovered large acres of Canadian and musk thistle infestation. Carney was provided with written notice of these findings and recommendations on eradication. Carney, a former weed inspector, testified that he then destroyed all the thistles by mowing and backpack spraying but did not identify the pesticide used.

The county inspector re-inspected the property on July 20,1983, and claimed that Carney had done nothing to eradicate the noxious weed infestation. The county inspector conducted a third inspection of Carney’s property on August 4, 1983 which revealed an abundance of Canadian thistles. A second notice of eradication was then mailed to Carney who claimed he rechecked the area and sprayed the few weeds that were missed.

From a fourth inspection on August 10, 1983, conducted with the aid of binoculars at a vantage point on the west section of the property, the county inspector and the township weed inspector concluded that [922]*922certain areas of the property were still concentrated with thistles. The next day a commercial aerial herbicide applicator was hired by the county inspector, and the property was sprayed (with 2-4-D herbicide) on August 21, 1983. The commercial applicator testified that he was able to discern Canadian and musk thistle along the southeast quarter of the property from the air but that he was waved off the property by Carney before he could complete the spraying. A second aerial spraying was conducted on August 26, 1983. Carney telephoned the county inspector and advised her to check with the Department of Natural Resources (DNR) since portions of the land sprayed consisted of native prairie land. The inspector only recalled Carney stating that spraying his property was against the law. Carney stated that he had been a participant in the native prairie program since the program’s inception in 1980. A wild life specialist with the DNR testified that a landowner can qualify for a tax credit against real estate if the land is maintained in its natural state, and, indeed, once qualified, the landowner is obligated to maintain the property in an undisturbed state. A prairie ecologist testified that Carney was an owner of outstanding native prairie, and in fact, the only private owner of a native prairie preserve in Murray County, with more than 200 plant species. The wild life specialist and the ecologist agreed that the August spraying was largely ineffective.

A professor of agronomy specializing in weed control testified that both fall and spring application of 2-4-D to musk thistle had been effective in four states, including Minnesota, and added that in Minnesota, spraying of the musk thistle before the second year of the plant’s growth is critical regardless of the time of year the plant is sprayed. He went on to state that the effectiveness of fall spraying of Canadian thistle was uncertain; studies indicated that spraying of the plant in the spring was 83% effective and 73% effective in the fall. A newsletter by the University of Minnesota Extension Services recommended fall treatment for both species of thistles.

The county weed inspector’s supervisor testified that between the spring of 1980 and the fall of 1984, government eradication of thistle infestation occurred on 57 occasions, including 12 aerial sprayings of non-crop land under private ownership, including Carney’s property.

The trial court determined that Carney’s property was not infested with noxious weeds at the time of the spraying, that the county weed inspector did not view the property in a manner that reasonably allowed her to determine the existence of noxious weeds, that even if noxious weeds were present on Carney’s property in violation of section 18.191, it was unreasonable for Murray County to spray the property so late in the growing season when such action was of minimal effect, and that it did not justify the expenses incurred. The court further found that the county weed inspector should have obtained professional advice as to the value of aerial spraying in late August. The court concluded that Carney had not violated section 18.191 and discharged all assessments. This court subsequently granted the State of Minnesota's motion to file an amicus brief in this appeal.

ISSUES

1. Did the trial court err when it determined that respondent had fulfilled his duty as a landowner to control noxious weeds on this property?

2. Did the trial court err when it concluded that on-site inspection of property was necessary before aerial spraying was conducted and when it determined that the agricultural inspector should have obtained professional advice before authorizing the spraying of respondent’s property?

ANALYSIS

1. The county commissioners did not move the court for amended findings or for a new trial. Therefore, this court’s standard of review is limited to whether the evidence sustains the findings of fact and whether such findings sustain the conclusions of law and the judgment. Gruenha[923]*923gen v. Larson, 310 Minn. 454, 458, 246 N.W.2d 565, 569 (1976); Wood v. Schlagel, 375 N.W.2d 561, 563 (Minn.Ct.App.1985); Schatz v. Davis, 354 N.W.2d 522, 524 (Minn.Ct.App.1984). A trial court’s findings will be upheld by an appellate court unless clearly erroneous. Minn.R.Civ.P. 52.01. Moreover, in a trial without a jury, “due regard shall be given to the opportunity of the trial court to judge the credibility of the witnesses.” Strouth v. Wilkison, 302 Minn. 297, 299, 224 N.W.2d 511, 513-14 (1974) (citation omitted). Finally, an appellate court must view the evidence in a light most favorable to the prevailing party. G.C. Kohlmier, Inc. v. Albin, 257 Minn. 436, 442-43, 101 N.W.2d 909, 914 (1960).

The framework for this appeal is provided by statute:

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Related

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Cite This Page — Counsel Stack

Bluebook (online)
384 N.W.2d 920, 1986 Minn. App. LEXIS 4226, Counsel Stack Legal Research, https://law.counselstack.com/opinion/delinquent-taxes-of-carney-v-murray-county-board-of-commissioners-minnctapp-1986.