Judge dismisses lawsuit filed against City of Horace by homeowners upset about high special assessments

FARGO, N.D. (KVRR) — A legal victory for the City of Horace in a dispute over special assessments.

East Central Judicial District Judge Constance Cleveland has dismissed all twelve actions in a lawsuit filed by a group of homeowners in April.

They claimed their special assessments rapidly grew since buying their homes.

In the ruling, the judge says the plaintiffs failed to appeal the decisions of the City within 30 days as required by North Dakota Century Code, and they cannot bring a separate cause of action.

The judgement also read, “When a party fails to appeal the decision of a local governing body within the statutory
thirty day, the district must dismiss the complaint because the court lacks subject matter jurisdiction.”

O’Keeffe O’Brien Lyson Attorneys, who represent the homeowners, plan a press conference Thursday to talk about their next steps.

They claim some of their clients are now facing special assessment amounts over $100,000 with an interest rate of 6.4%.