Whether a governmental entity properly considers the special benefits accruing to an assessed property when paying a nominal portion of the total costs of an improvement for which the remaining costs will be specially assessed against private properties

QUESTIONS PRESENTED 1. By paying a nominal portion of the total costs of an improvement for which the remaining costs will be specially assessed against private properties, does a governmental entity properly consider the special benefits accruing to an assessed property, as required by Village of Norwood v. Baker. 2. Does a state court of last resort commit an abuse of discretion and/or violate the Due Process Clause of the Fourteenth Amendment to the United States Constitution by deciding an appeal on issues or facts which were never raised by the parties and to which neither party was given the opportunity to respond.