Claiming Burnsville city officials acted unfairly, and, in two instances unlawfully, in issuing a special assessment for road reconstruction, a group of residents has filed a lawsuit against the city.

Karen Marty, a Bloomington attorney specializing in land use, municipal law and real estate, filed the suit on Monday in Dakota County District Court on behalf of 10 landowners from rural southwest Burnsville who were charged special assessments to help pay for a $625,000 road reconstruction project along Judicial Road and 155th Street.

City staff members acknowledged at a City Council meeting in October that seven property owners did not receive notice of the public hearing regarding the assessment, which is in violation of the process required by state law. Attorney Soren Mattick, who sat in at the meeting for Burnsville's regular attorney Joel Jamnik, called the lack of notice "troubling."

The suit asks that the special assessments be set aside and a new formula put into place to more fairly assess the land owners.

"Lawsuits are allegations," Burnsville City Manager Craig Ebeling said. "Someone can allege anything. We are aware of the document being filed and we will follow the legal process."

Marty, a former city attorney for Shakopee, said she was surprised the city did not meet with the affected homeowners regarding the public hearing. "You would think they would do what they could to rectify the situation," Marty said. "Instead it seems they have turned their backs on these people, which is not the right thing to do."

According to state law, the special assessment cannot exceed the increased market value of the property resulting from the improvement. Rob Thiry, who owns 13 acres in the neighborhood, has been assessed $24,000. Marty said it is highly doubtful that the value of Thiry's property has increased anywhere near that much, if at all.

The city changed the way it assesses residents in the rural neighborhood a year ago, developing what it calls the "unit method." Each two acres of property equals one unit.

Before that, assessments were made by the amount of linear feet along the road. In that scenario, the so-called "landlocked" properties that have only a driveway meeting the road would not be assessed.

The lawsuit also seeks damages for a landowner whose property allegedly has been flooded because of the city's installation of a new culvert. Approximately 2 acres of land is said to be underwater.

The suit asks that the enlarged culvert be removed or that the city fairly compensate the landowner for the loss of the land.

The city has 20 days from the date of filing to respond to the lawsuit.

Dean Spiros • 952-882-9203