Schumacher v. City of Excelsior

427 N.W.2d 235, 1988 Minn. LEXIS 189, 1988 WL 82456
CourtSupreme Court of Minnesota
DecidedAugust 12, 1988
DocketC8-87-1890
StatusPublished
Cited by6 cases

This text of 427 N.W.2d 235 (Schumacher v. City of Excelsior) 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
Schumacher v. City of Excelsior, 427 N.W.2d 235, 1988 Minn. LEXIS 189, 1988 WL 82456 (Mich. 1988).

Opinions

OPINION

SIMONETT, Justice.

The trial court found that the city’s reconstruction of one of its streets conferred no special benefit on the subject property, and that the special city assessment against the property was, therefore, void. We reverse and remand.

Third Avenue in the City of Excelsior runs in front of the Christmas Lake Apartments, a building complex owned by respondent property owners. In the summer of 1984, the city council approved a plan submitted by its engineers which, on Third Avenue, called for installation of concrete curbs and gutters, a new 8-inch water main, repairs of the sanitary sewer, a storm sewer system, and a new bituminous road surface. At the time, Third Avenue had no curbs or gutters. It did have a bituminous surface. There was a 6-inch water main and a sanitary sewer, but no storm sewer. Surface waters simply flowed along or across the avenue to low areas. At the public hearing held September 23, 1984, respondent owners filed their objections to the proposed assessment. The total cost of the improvements was $514,061.89, of which about 73 percent was assessed against property owners, the balance being paid by the city from various municipal funds. The four parcels comprising the Christmas Lake Apartments were assessed $66,711.62.

The owners appealed to the district court and, at trial, the parties agreed the issue was “the amount of the assessment and whether it reflected an increase in fair market value.” The property owners’ expert made no formal appraisal of the apartment complex. He felt it was not necessary to determine before-and-after market value because the only question was whether the improvements increased the property’s market value, whatever it might be. Relying primarily on an income approach, the expert concluded that the assessment of $66,712.62 would be an additional expense of operation not recoverable by increased apartment rentals. He felt the improvements not only did not increase market value but reduced it. One of the owners gave much the same testimony. The city’s expert, on the other hand, did an elaborate before-and-after appraisal, utilizing the three traditional approaches, namely, replacement value, comparable sales, and income. He concluded that the before-value was $2,060,000, and that after the improvements the market value was $2,185,000, an increase of $125,000.

The trial court accepted the testimony of the owners’ witnesses and found that “the reasonable market value of each of the real estate parcels assessed was the same after the completion of the project * * * [as] prior to the completion of said project.” Hence the trial judge held that the property had received no special benefit and the assessment was void. The city appealed to the court of appeals, which requested certification to this court. We accepted certification. Broadly stated, the issue is whether the evidence sustains the trial court’s findings and conclusion of no special benefit.

“The cost of any improvement, or any part thereof, may be assessed upon property benefited by the improvement, based upon the benefits received * * Minn.Stat. § 429.051 (1986). To determine [237]*237the value of a special benefit, the taxing authority must consider what increase, if any, there has been in the fair market value of the benefited land. Carlson-Lang Realty Co. v. City of Windom, 307 Minn. 368, 369, 240 N.W.2d 517, 519 (1976). A special assessment that exceeds the benefit to the property, as measured by the difference in market value before and after the improvements, is a taking of property without fair compensation in violation of the fourteenth amendment. Buettner v. City of St. Cloud, 277 N.W.2d 199, 202 (1979). The increase in market value is calculated by determining what a willing buyer, under ordinary circumstances, would pay a willing seller for the property before, and then after, the improvement has been made. Carlson-Lang Realty, 307 Minn. at 369-70, 240 N.W.2d at 519; Dosedel v. City of Ham, Lake, 414 N.W.2d 751, 756 (Minn.App.1987).

This case involves only the factual issue of whether the improvements increased the market value of the property. Because an assessment which would exceed the increase in market value would be an unconstitutional taking of the owners’ property without fair compensation, the trial court makes an independent review of the evidence. Buettner, 277 N.W.2d at 203. Our appellate review consists of “a careful examination of the record to ascertain whether the evidence as a whole fairly supports the findings of the district court and whether these in turn support its conclusions of law and judgment.” Carlson-Lang Realty, 307 Minn, at 373, 240 N.W.2d at 521.

Our careful examination of the record persuades us that the evidence as a whole does not support the trial judge’s findings that the improvements resulted in no increase in market value to the apartment complex. The record fairly reflects that some appreciable increase did occur.

Here the city’s appraiser gave several reasons for his opinion of an increase in market value, namely: (1) the swimming pool previously had drained into the street, but now it would drain into the new storm sewer; (2) the new water main would increase the water flow, resulting in a reduction in fire insurance premiums; (3) the repairs to the sanitary sewer would prevent tenant losses caused by the sewers “backing up”; (4) the street would have better drainage, be easier to plow, and would be safer; and, finally, (5) the new curbs and gutters, together with the improved street surface, enhanced the aesthetic appeal of the neighborhood. All but the last two of these reasons were discredited on cross-examination. First of all, it was shown that draining the swimming pool once a year into the street caused no environmental concerns, had been authorized by the city, and there was no indication that the authorities would not have permitted the practice to continue. See Carlson-Lang Realty, 307 Minn. at 372, 240 N.W.2d at 520-21 (the slight possibility that the city might close down the owners’ private sewer and water system, especially in the absence of any evidence that this might happen, would make little difference to a willing buyer of the property). Second, the expert’s assumption that the property owners’ fire insurance premiums would be reduced was not only speculative but was disproved by other testimony that the new, larger water main would not bring the gallon-per-minute capacity of the system up to even half the capacity recommended by the insurance industry. Third, the expert’s assumption that the sanitary sewer repairs were a benefit overlooked the fact that the cost of this improvement was paid for by the city and was not included in the assessments.

The major reason, however, given by the city for an increase in market value was the new, improved street. “[T]he property has much better street presence in the after situation versus the before,” testified the city’s appraiser, adding, “The road is cleaned up, and as a result it looks neater and will command a better rental.” The appraiser also testified that the old street, with its broken surface, “posed somewhat of a hazard to drivers and * * * pedestrians.” The trial judge rejected this testimony.

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Schumacher v. City of Excelsior
427 N.W.2d 235 (Supreme Court of Minnesota, 1988)

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Bluebook (online)
427 N.W.2d 235, 1988 Minn. LEXIS 189, 1988 WL 82456, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schumacher-v-city-of-excelsior-minn-1988.