Vernco, Inc. v. Township of Manyaska, Martin County

Minnesota Supreme Court
Vernco, Inc. v. Township of Manyaska, Martin County, 290 N.W.2d 443 (Minn. 1980)
1980 Minn. LEXIS 1281
Kelly

Can I rely on this case?

Yes — no negative treatment found

Based on 2 citing opinions

Analysis generated from citing opinions in this archive. Not legal advice.

Vernco, Inc. v. Township of Manyaska, Martin County

Opinion

OPINION

KELLY, Justice.

Plaintiffs, Vernco, Inc., Fox Lake Park, Inc., and Kenneth Nelson appeal from the order of the Martin County District Court dismissing their appeal from the proposed *444 assessment for the improvement of a road in Martin County. We reverse.

Plaintiffs attempted to serve their notice of appeal from the proposed assessment for the improvement of a road in Martin County by leaving a copy at the home of the township clerk with his mother. The district court dismissed the appeal, concluding that Minn.Stat. 429.081 (1978) requires service of the notice of appeal personally upon the mayor or clerk of the municipality. Wessen v. Village of Deephaven, 284 Minn. 296, 170 N.W.2d 126 (1969) and Franson v. Carlson, 272 Minn. 376, 137 N.W.2d 835 (1965).

While we agree that substitute service upon a municipality is an impermissible method of statutory service, the fact is undisputed that the township received actual notice of the appeal within the time provided by Minn.Stat. 429.081 (1978). . We therefore conclude that such actual notice within the time limitations provided by statute is sufficient to confer jurisdiction upon the district court.

Reversed.

Reference

Full Case Name
VERNCO, INC., Et Al., Appellants, v. TOWNSHIP OF MANYASKA, MARTIN COUNTY, Minnesota, Respondent
Cited By
2 cases
Status
Published