Mogan v. City of Harlem

Plaintiff/appellant David Mogan is appealing an order issued by the District Court of the Seventeenth Judicial District, Blaine County, granting defendant/respondent City of Harlem’s motion to dismiss.

We affirm in part and reverse in part.

According to the facts stated in the complaint, David Mogan had, in August 1984, applied for and received financing and building permits required for the construction of a two-story, eight unit apartment building. At that time, the City had in effect an ordinance requiring a $75 connection fee to the City water supply and a $50 connection fee to the City…