Johnson v. City of Eagan

OPINION

GILBERT, Justice.

The issue in this case is whether a municipality that has recovered, through special assessments, an amount equal to the judicially determined benefit to property but less than the cost of the improvement may recover the shortfall through a fee imposed only on properties that paid judicially reduced assessments. Because we find that such re-coupment constitutes an unconstitutional taking and a subversion of the judicial reduction of the assessment, we reverse the decisions of the lower courts.

In 1992, the City of Eagan (City) authorized a public improvement project…