COUNTRY JOE, INC. v. CITY OF EAGAN

No. C8-95-2289.

548 N.W.2d 281 (1996)

COUNTRY JOE, INC., et al., Appellants, v. CITY OF EAGAN, Respondent.

Court of Appeals of Minnesota.

Review Granted August 6, 1996.


Attorney(s) appearing for the Case

Thomas H. Goodman, Gerald S. Duffy, Wood R. Foster, Jr., Anthony J. Gleekel, Siegel, Brill, Greupner & Duffy, P.A., Minneapolis, for Appellants.

John E. Simonett, Clifford M. Greene, John M. Baker, Greene Espel, P.L.L.P., Minneapolis, for Respondent.

James F. Sheldon, Michael G. Dougherty, Severson, Sheldon, Dougherty & Moldenda, Apple Valley, for Respondent.

Considered and decided by PETERSON, P.J., and HUSPENI and HARTEN, JJ.


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...

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