Attorney Brandon Erickson and Horace resident Brenna Lachowitzer (Paul Jurgens, KFGO News)
FARGO (KFGO) – A lawyer representing about a dozen homeowners in Horace says despite the dismissal of a lawsuit, the debate over special assessments isn’t going away.
A Cass County District Court judge dismissed the lawsuit ruling that it was filed too late. Attorney Brandon Erickson of the O’Keeffe, O’Brien and Lyson law firm in Fargo says a series of special assessment hearings highlighted the issue.
“The community is paying attention now, and I think it was intense, the people were there, they spoke their mind, some of them were very well spoken and prepared, I like that, I think the city now realizes the pressure that are on these homeowners and the unfair process, that they just get the buck passed down to them,” said Erickson.
One of those that sued over special assessments, Brenna Lachowitzer, said a number of horace residents face unreasonably high assessments that were not clearly spelled out when they built their homes.
“My lender and my appraiser, verified my assessments at $38,000, which was in range of all my neighbor’s in comparison to their lot size, anywhere between $35,000 and $40,000,” said Brenna Lachowitzer, after we received our escrow balances this year, escrow statements, my specials were just under $80,000.”
Lachowitzer said she was able to work with her lender and should be able to stay in her home.
Erickson said an appeal of the district court ruling to the North Dakota Supreme Court is possible. He said at least two homeowners in Horace have lost their homes to foreclosure.
Long term, Erickson said special assessments are something the legislature should review.
He said he hopes to work with lawmakers and lobbying groups to bring reform to the special assessment process in North Dakota.
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