Nastrom v. City of Blaine

515 N.W.2d 374, 1994 Minn. LEXIS 281, 1994 WL 127730
CourtSupreme Court of Minnesota
DecidedApril 15, 1994
DocketNo. C6-92-1806
StatusPublished

This text of 515 N.W.2d 374 (Nastrom v. City of Blaine) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nastrom v. City of Blaine, 515 N.W.2d 374, 1994 Minn. LEXIS 281, 1994 WL 127730 (Mich. 1994).

Opinion

OPINION

COYNE, Justice.

On the petition of Dennis and Char Nas-trom we review a decision of the court of [375]*375appeals, Nastrom v. City of Blaine, 498 N.W.2d 495 (Minn.App.1993), which reversed the trial court’s determination that the City of Blaine had improperly levied special assessments against the Nastroms’ property described as Lots 4, 5, 6, and 7, Block 1, Autumn Oaks, in Anoka County, Minnesota. The crux of the matter lies in the required vote for a resolution ordering improvements. Although the trial judge found that acceptance of a feasibility report operated as a joinder of three petitioned improvement projects into a larger unpeti-tioned project, he concluded that the city had not complied with Minn.Stat. § 429.031, subd. 1 (1992), which requires a vote of four-fifths of all the members of the city council, and that a vote of five to two was insufficient to order the combined improvement project. The trial court ruled that the insufficiency of the vote ordering the improvement made the special assessments levied against Lots 4 through 7, Block 1, Autumn Oaks, improper. On appeal the court of appeals regarded the statutory requirements as merely directory. Declaring that noncomplianee was not prejudicial to the Nastroms and finding that the city was entitled to treat the three petitions before it as a combined “35 percent” petition subject to approval by a simple majority of the council members, the court of appeals reversed. We reverse and reinstate the judgment of the trial court.

Since 1978 the Nastroms have maintained their residence on a five-acre tract of land in the City of Blaine. When the Nastroms acquired the land it was “all wooded” and served by a dirt road. Cloud Drive bordered part of the land on the north; 118th Avenue formed the southerly border; and Davenport Street abutted the property on the west. Although the Nastroms had not planned to sell any of their land, eventually they joined the Monsons, their neighbors on the east, in platting their properties as Autumn Oaks, a plat of 15 lots; lots 4 through 12 of Autumn Oaks belong to the Nastroms.

In 1987 the City of Blaine considered improving Cloud Drive “to a[n] MSA [Municipal State Aid] standard [with] bituminous paving [and] concrete curbs and gutters.” The proposal, called Project 87-11,1 was not a project requested by local landowners; the city itself had initiated it. Because Improvement Project 87-11 had not been “petitioned for by the owners of not less than 35 percent in frontage of the real property abutting on the streets named in the petition as the location of the improvement,” a vote of four-fifths of all the members of the city council was required for the adoption of a resolution ordering Improvement Project 87-11. Minn.Stat. § 429.031, subd. I.2 The city council decided, however, not to proceed with Project 87-11 as it was then contemplated.

On December 17, 1987, Gaughan Land, Incorporated, filed a petition for the improvement of land described as Olympic Glen Addition; and on April 12, 1988, two other petitions for improvements were filed with the city council: one by Mark Freundschuh for Nu-Life Estates and the other by James Lund Construction, Inc., for Aberdeen Oaks. Each of these petitions described a proposed subdivision of undeveloped land, and, as the basis for the requested waiver of a public [376]*376hearing, each petition asserted that the petitioner was the 100 percent owner of the property to be improved and that the petition was made pursuant to Minn.Stat. § 429.031, subd. 3, which provides that the cost of the requested improvement will be assessed against the petitioner’s property.

From Highway 65 on the west, Cloud Drive runs generally northeasterly to Radis-son Road on the east. Aberdeen Oaks is a triangular tract which lies immediately east of Highway 65 and west and south of the Nastroms’ property in Autumn Oaks.3 The hypotenuse of the triangle which is the northwesterly boundary of Aberdeen Oaks abuts Cloud Drive. Nu-Life Estates lies north of the Nastroms’ property and is bounded on the south by Cloud Drive. The easterly boundary of Nu-Life Estates and the westerly boundary of the northerly portion of Olympic Glen are contiguous, and Cloud Drive continues in a northeasterly direction all the way across Olympic Glen. The north boundary of Nu-Life Estates, extended easterly, forms the north boundary of Olympic Glen, a basically rectangular tract which is the largest of the three proposed subdivisions. Olympic Glen extends as far to the south as the southerly boundary of Aberdeen Oaks, which is separated from the other two proposed subdivisions by Autumn Oaks and other land.

Initially, the City seemed prepared to proceed pursuant to Minn.Stat. § 429.031, subd. 3.4 On April 21, 1988 the city council adopted a resolution declaring the adequacy of the petition for Improvement Project 88-OS, Aberdeen Oaks; a resolution declaring the adequacy of the petition for Improvement Project 88-09, Nu-Life Estates; and a third resolution declaring the adequacy of the petition for Improvement Project 88-10, Olympic Glen Addition. The council did not, however, complete the resolution by ordering the improvement as provided in subdivision 3. Rather, each resolution referred the proposed improvement to an engineering firm for preparation of a feasibility report and required the developer of each subdivision to post security sufficient to cover the cost of the feasibility report for the developer’s project.

Although Minn.Stat. § 429.031, subd. 3 does not require a feasibility report when improvements are ordered on petitions by all owners, it may be that the substantial cost of the improvements proposed by these three petitions prompted the council to seek advice concerning both feasibility and estimated cost. An engineer who prepares a feasibility report required for an improvement proposed without any petition or by petition of less than all owners of real property abutting the streets named in the petition is instructed by Minn.Stat. § 429.031, subd. 1 to advise the council “in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement and the estimated cost of the improvement as recommended * * * *”

Here, the engineers appear to have observed the statutory directive. Although each of the three resolutions of April 21,1988 describes only one proposed subdivision and apparently contemplates a separate feasibility study for each subdivision, the engineers considered all three projects together because they were generally related in common [377]*377considerations. However, the feasibility report was not confined to the improvement of the three described subdivisions. In addition to the street, watermain, storm drainage, and sanitary sewer construction requested by the petitions, the feasibility report provided for the reconstruction of Cloud Drive and the construction of a new street called 119th Avenue Northeast, most of which traversed or abutted land belonging to persons other than the petitioners. Moreover, the feasibility report provided for the construction of systems of watermains, sanitary and storm sewers which extended well beyond the three proposed subdivisions — Olympic Glen, Nu-Life Estates and Aberdeen Oaks — even though the report was entitled

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Related

Nastrom v. City of Blaine
498 N.W.2d 495 (Court of Appeals of Minnesota, 1993)
Bowen v. City of Minneapolis
49 N.W. 683 (Supreme Court of Minnesota, 1891)

Cite This Page — Counsel Stack

Bluebook (online)
515 N.W.2d 374, 1994 Minn. LEXIS 281, 1994 WL 127730, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nastrom-v-city-of-blaine-minn-1994.