Country Joe, Inc. v. City of Eagan

OPINION

HUSPENI, Judge.

Appellants brought this action to challenge the legality of a road unit connection charge imposed by respondent City of Eagan and to seek reimbursement. Following discovery, the parties brought cross-motions for summary judgment on the issue of the legality of the charge. The district court awarded summary judgment to respondent, concluding that the road unit connection charge was not an illegal tax. We conclude that respondent lacks statutory authority to impose the charge, and we reverse and remand.

FACTS

Respondent City of Eagan (Eagan) became aware in the late 1970’s…