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JOHNSON v. CITY OF EAGAN

No. C2-97-1000.

584 N.W.2d 770 (1998)

Ronald D. JOHNSON and Patricia J. Johnson, Appellants, v. CITY OF EAGAN, Respondent.

Supreme Court of Minnesota.

October 1, 1998.

Attorney(s) appearing for the Case

Rowland, Mertensotto, & Sholts, P.A., Charles E. Mertensotto, Jill Johnsons Sholts, St. Paul, for appellants.

Severson, Sheldon, Dougherty & Molenda, P.A., James F. Sheldon, Sharon K. Hills, Apple Valley, for respondent.

League of Minn. Cities, Carla J. Heyl, St. Paul, amicus curiae.

Heard, considered, and decided by the court en banc.

OPINION

GILBERT, Justice.

The issue in this case is whether a municipality that has recovered, through special assessments, an amount equal to the judicially determined benefit to property but less than the cost of the improvement may recover the shortfall through a fee imposed only on properties that paid judicially reduced assessments. Because we find that such recoupment constitutes an unconstitutional taking...

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