State ex rel. Moore v. City of Fairview

In this mandamus action, the City of Fairview (the city) appeals from the peremptory writ ordering it to return $13,345.88 that plaintiff-relator (plaintiff) paid “under protest” as a sewer and water connection fee for a residential subdivision. Plaintiff cross-appeals from the court’s refusal to award him attorney fees. We reverse on the appeal and affirm on the cross-appeal.

The relevant facts are undisputed. In June 1997, the city approved plaintiffs application for approval of the preliminary subdivision plan and a related conditional use permit. The approval was subject to several…