District Court Hears Appeal

More than 3 years after we filed our first Appeal against the City of Saint Paul’s Mill & Overlay program, our consolidated Appeal was heard in the Ramsey County District Court today.

The hour long hearing was held virtually. Ben Loetscher of Ferdinand Peters appeared on our behalf, while Anissa Mediger appeared on behalf of the City of Saint Paul. The hearing was before Judge Robert A. Awsumb. Lead plaintiffs were also in attendance.

Since we filed our appeal, several cases all related to the SMSP program were consolidated for trial, as they all involve substantially the same issues.

Before the hearing, the parties agreed to a series of factual stipulations, limiting the issue to be decided to whether the City’s assessments are properly regarded as taxes or fees. It has been our position from the beginning that, following First Baptist and subsequent judicial opinion, the City’s assessments are taxes subject to the Special Benefit Test.

A written ruling detailing the Judge’s decision is anticipated in April. We will post an update once it is available.