Holter v. City of MandanAnnotate this Case
Deborah Holter appealed a district court judgment dismissing her appeal of the Mandan Board of City Commissioners’ decision to specially assess her property for street improvements. In July 2017, the Mandan Special Assessment Commission published a notice of a meeting in August 2017 that contained the items of expense of the improvement, allocation of a portion of the cost to the City, and the net amount to be assessed. The notice provided a list of properties found to be especially benefited by the construction performed in the project and the amounts to be assessed. In August 2017, the Special Assessment Commission approved the proposed assessments against the especially benefited properties and moved the decision to the Board for its consideration. The Board approved the special assessments in October 2017. Holter owned three undeveloped residential lots in the improvement district. Each lot was assessed $15,928.40, for a total of $47,785.20. Holter objected to the assessments against her properties, claiming they exceeded the value of the benefits they received. She also argued the method for determining the assessments was unfair because corner lot owners and non-corner lot owners were not treated equally. When unsuccessful at the district court, Holter raised the same issue to the North Dakota Supreme Court, which found the City did not act arbitrarily, capriciously, or unreasonably in determining the benefits and assessments to Holter’s properties.