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WENSMANN REALTY, INC. v. CITY OF EAGAN

No. A05-1074.

734 N.W.2d 623 (2007)

WENSMANN REALTY, INC., et al., Appellants, v. CITY OF EAGAN, Respondent.

Supreme Court of Minnesota.

July 12, 2007.

Attorney(s) appearing for the Case

William Christopher Penwell, Siegel, Brill, Greupner, Duffy & Foster P.A., Minneapolis, MN, for Appellant.

George C. Hoff, Justin L. Templin, Hoff, Barry & Kozar, P.A., Eden Prairie, MN, John M. Baker, Greene Espel, P.L.L.P., Minneapolis, MN, for Respondent.

Joseph G. Springer, Laurie J. Miller, Fredrikson & Byron, P.A., Minneapolis, MN, for Builders Association of the Twin Cities and National Association of Industrial and Office Products.

Susan L. Naughton, League of Minnesota Cities, St. Paul, MN, for Amicus Curiae.

Timothy J. Dowling, Community Rights Counsel, Washington, D.C., for League of Minnesota Cities and Community Rights Counsel, American Planning Association, and Minnesota Planning Association.

Bruce D. Malkerson, Howard A. Roston, Patrick B. Steinhoff, Malkerson Gilliland Martin LLP, Minneapolis, MN, for Minnesota Land Use Institute.

Peter K. Beck, Gray Plant Mooty, Minneapolis, MN, for Midwest Golf Course Owners Association.

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

OPINION

GILDEA, Justice.

Appellant Wensmann Realty, Inc., entered into a purchase agreement with appellant Rahn Family LP for golf course property located in respondent City of Eagan. The purchase agreement was contingent on the city amending its comprehensive plan to permit residential development of the property. After the city denied the proposed comprehensive plan amendment, Wensmann and Rahn (collectively, the property owner) commenced an action against...

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