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HomeMy WebLinkAbout1980 06-18 Judge overturns street assessments THE REVIEW Single Copy 30' WED.,JUNE 18, 1980 Judge overturns street assessmets A Maplewood property owner says he improvements, which cost a total of predicted six years ago the outcome of a $4,413,046.The amount to be assessed was court battle over street assessments that $2,011,601.96. was finally settled last week. Judge Summers ruled Schreier's Jack DeSai said he warned the property along the south side of Beam Maplewood city council in 1974 that"the Avenue was assessed at 3.6 times the rate taxpayers eventually would have to rendered against Maplewood Mall. assume the interest costs on the money Summers stated the city was requiring borrowed to finance the (street) im- Schreier to pay almost half as much on his provements. 13.4 acres of grasslands as the mall was "This certainly has proven to be true," going to pay on its 105 acres of shopping DeSai added, area. The improvements he refers to are The judge said the requirement was those made to Beam Avenue between "arbitrary, capricious and White Bear Avenue and Highway 61 near unreasonable." Summers ordered the Maplewood Mall. city to reconsider the cost divisions and Two Maplewood property owners had give a"substantially larger public con- their street assessments reduced a total tribution"than is now provided. of about$363,421 by Judge Joseph Sum- He asked the city to make adjustments mers in Ramsey County District Court. that resulted in equal assessments per Courtryview Golf Center and landowner acre for all property owners in the Beam Richard Schreier argued the city of Avenue area. Maplewood had improperly assessed DeSai,who owns property along Beam them for the street improvements. with several other individuals,said the Summers apparently agreed with them interest rate on the borrowed money for and ordered the city to review the the street improvements saw six percent assessments and make adjustments. in the early seventies. "I figure we Eleven property owners in the Beam (Maplewood taxpayers)are going to pay Avenue area filed court appeals $180,000 annually until this whole question challenging their assessments. Judge is resolved." Summers chose the Schreier and Coun- tryview appeals as the first to be tried in Another sore point with the property the "interest of economy." Summers owners along Beam Avenue is the zoning pointed out that if all the appeals were of their land. heard at the same trial,the court would Judge Summers noted that Schreier's have been swamped with testimony and pastureland was zoned to permit corn- litigation costs would have unnecessarily mercial businesses except restaurants. increased. The zoning "thus permits every coin- Summers said his decision in the mercial use except that which is most Countryview Golf Center and Schreier profitable and most likely to occur in the cases will affect the outcome of the other vicinity,"Summers said. nine pending Beam Avenue assessment Schreier's assessments amounted to cases.All of these property owners near about $500,000. Summers ruled the the mall were assessed for the costs of the pastureland benefited only by about street construction and improvements. $180,000. Summers' decision is the first step The golf course assessements were toward settling the assessment dispute, $163,421, and Summers said that the which has been going on since the early benefit was only$120,000. 19705. In an interview after the Judge made The problems began when Maplewood his ruling,Mayor John Greavu said,"I Mall was built by Homart Development voted against the assessment procedure Company,a subsidiary of Sears,Roebuck along Beam Avenue at the time the and Company.Sears did not want to build assessments were made.But,"he added, the shopping center unless the city agreed "I'm sorry the city lost the case. to build a road (Beam Avenue) from "These are the first ones we lost along White Bear Avenue west to Highway 61. Beam.I hope all the other pending cases The city also was required to install a new don't go this way."Greavu was a coun- drainage system. cilman when the street assessments were The city agreed to do the necessary levied in 1974.