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STATE OF MINNESOTA IN COURT OF APPEALS A10-1740 American Bank of St. Paul, successor in interest to 2700 East Lake Street, LLC, Appellant, vs. City of Minneapolis, Respondent. Filed August 1, 2011 Affirmed Wright, Judge Hennepin County District Court File No. 27-CV-09-8927 Garth G. Gavenda, Thomas C. Stewart, Anastasi & Associates, P.A., Stillwater, Minnesota (for appellant) Susan L. Segal, Minneapolis City Attorney, Robin H. Hennessy, Sara J. Lathrop, Assistant Minneapolis City Attorneys, Minneapolis, Minnesota (for respondent) Susan L. Naughton, League of Minnesota Cities, St. Paul, Minnesota (for amicus League of Minnesota Cities) Considered and decided by Wright, Presiding Judge; Kalitowski, Judge; and Larkin, Judge. SYLLABUS An assessment collected under a city's police power is subject to a reasonableness standard rather than the special-benefit standard that applies to assessments collected under a city's taxing power.

OPINION WRIGHT, Judge In this assessment dispute following the removal of an encroachment, appellant challenges the district court's decision to uphold the amount that respondent-city assessed against appellant's property. Appellant argues that the district court erred by (1) applying the incorrect legal standard, (2) finding that appellant did not introduce competent evidence and failing to weigh the evidence, and (3) permitting respondent-city to introduce evidence that was not properly disclosed to appellant during discovery. We affirm. FACTS In 1999, 2700 East Lake Street LLC (LLC) purchased a parcel of land (property) in Minneapolis. The basement of a building on the property included an areaway, which is a below-grade area that extends beneath the street. Respondent City of Minneapolis (city) permits areaways to exist as long as they do not interfere with the "public good," such as street paving, curbs, gutters, and streetscapes. Minneapolis, Minn., Code of Ordinances (MCO)

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