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COUNTRY JOE, INC. v. CITY OF EAGAN

No. C8-95-2289.

560 N.W.2d 681 (1997)

COUNTRY JOE, INC., et al., Respondents, v. CITY OF EAGAN, petitioner, Appellant.

Supreme Court of Minnesota.

March 6, 1997.

Attorney(s) appearing for the Case

Greene & Espel, P.L.L.P., Clifford M. Greene, John M. Baker, Minneapolis, Sheldon, Sheldon, Dougherty & Molenda, James F. Sheldon, Michael G. Dougherty, Apple Valley, for Appellant.

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

Campbell, Knutson, Scott & Fuchs, P.A., Roger N. Knutson, Eagan, amicus curiae.

Heard, considered and decided by the court en banc.

OPINION

KEITH, Chief Justice.

This case requires us to decide whether the City of Eagan may lawfully impose a road unit connection charge as a condition of issuance of all building permits within its borders. The city adopted such a charge in 1978 for the purpose of funding major street improvements. The respondents, home building contractors, challenged the city's authority to impose such a charge and sought a refund of all charges collected within the...

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