Lodge of the Ozarks, Inc. v. City of Branson

FLANIGAN, Chief Judge.

Plaintiff, Lodge of the Ozarks, Inc., (“the lodge”), a Missouri corporation, brought this declaratory judgment action against defendant, City of Branson, a city of the fourth class. The principal matter in dispute is whether the lodge must pay the city two fees to obtain issuance of a building permit. The disputed fees are a capacity fee of $94,185 in order to have access to the city’s sanitary sewer system, and a building permit fee of $29,750.

The parties submitted to the trial court a stipulation of facts, and there is no significant factual dispute.

In January 1982,…