Harstad v. City of Woodbury

916 N.W.2d 540
CourtSupreme Court of Minnesota
DecidedAugust 15, 2018
DocketA16-1937
StatusPublished
Cited by6 cases

This text of 916 N.W.2d 540 (Harstad v. City of Woodbury) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harstad v. City of Woodbury, 916 N.W.2d 540 (Mich. 2018).

Opinion

ANDERSON, Justice.

We are asked to decide, in the context of a subdivision-application process, whether Minn. Stat. § 462.358, subd. 2a (2016), authorizes a statutory city to impose an infrastructure charge for future road-improvement projects. Respondent Martin Harstad1 submitted an application to appellant City of Woodbury for approval to subdivide and develop a parcel of land. Before he completed his application, Woodbury sent Harstad a memorandum outlining proposed charges for the subdivision, including an infrastructure charge as determined by Woodbury's Major Roadway Assessment program. Harstad disputes the authority of Woodbury to condition approval of his subdivision application upon payment of the roadway charges and brought this action against Woodbury. The district court and the court of appeals concluded that Woodbury lacks statutory authority to impose an infrastructure charge *543under Minn. Stat. § 462.358, subd. 2(a). We affirm.

FACTS

In July 2015, Martin Harstad submitted an application to the City of Woodbury for approval to subdivide approximately 77 acres of land in Woodbury for the purpose of developing a 183-unit residential community called Bailey Park. Woodbury received the application but regarded it as incomplete and sought additional information from Harstad about his subdivision plan. In December 2015, Woodbury sent Harstad a memorandum outlining proposed charges for the subdivision, including a $1,389,444 infrastructure charge.2 The memorandum described the infrastructure charge as the amount to be paid for "[m]ajor roadway and intersection improvements (i.e. roundabouts, signals, etc.)," which would be "required to accommodate traffic generated by Bailey Park and surrounding areas." Before his application was completed, Harstad brought an action against Woodbury, challenging the infrastructure charge.

It is important to understand that the charge at issue here is not the traditional street assessment provided for in Minn. Stat. §§ 429.021, 429.051 (2016). It is undisputed that cities have the authority to assess property for road and street improvements and that these assessments are specifically permitted by state law. Minn. Stat. §§ 429.021, subd. 1(1), 429.051. Here, Woodbury relies exclusively on city-ordinance provisions and Minn. Stat. § 462.358, subd. 2a, as authority for the infrastructure charge; it does not rely on chapter 429 of the Minnesota Statutes.3

Woodbury adopted the infrastructure charge by resolution in 2011 as part of a larger set of provisions concerning "Public Infrastructure Improvements for New Residential Development." The resolution describes the infrastructure charge as "[m]ajor roadway costs [that] will be attributed to properties regardless of zoning, size or homestead status,"4 which "will normally be collected at the time a property develops per a negotiated major roadway contribution." The resolution's emphasis on developer contribution is consistent with its stated policy "that new residential development pays its own way and that all associated costs for the installation of public infrastructure to serve new residential development be the sole responsibility of the developing property owner."

Woodbury's senior planner has described the infrastructure charge as "a mechanism that the city has created to fund the infrastructure improvements that are identified within the comprehensive plan ... to create the necessary roadways to serve the burden of the development within our development areas."5 According *544to Woodbury's senior planner, the infrastructure charge "is based on significant review" and "an analysis of the costs to implement [Woodbury's] comprehensive plan." In practice, the infrastructure charge has a crucial connection to Woodbury's process of approving or denying subdivision applications: a subdivision applicant can avoid having an application deemed "premature"6 and denied "if an agreed-upon [infrastructure-charge] contribution is made."

According to Woodbury's senior planner, Woodbury calculates an initial infrastructure charge based on the location of the proposed development and the cost of all of the "roadway improvements [and] roadway segments that are necessary to be improved to facilitate development" in the corresponding part of the city. The initial infrastructure charge has occasionally changed slightly after negotiation between the developer and Woodbury. Once the applicant pays the infrastructure charge, the funds are held in a "dedicated funding account," which Woodbury draws from, as needed, to finance any of the predetermined road-improvement projects outside the area to be developed. Additionally, the senior planner explained that the timing of road improvements depends on when "development occurs and funding is identified."

When Harstad applied for subdivision approval, Woodbury calculated the infrastructure charge for his application at $20,230 per acre. Woodbury used this per-acre number to calculate the $1,389,444 infrastructure charge it proposed to Harstad.

Harstad refused to pay the infrastructure charge or to negotiate the amount of the charge. Instead, he brought this action against Woodbury. Among other relief, he requested that the district court issue a declaratory judgment concluding that Woodbury's infrastructure charge is "illegal, null and void, unenforceable and otherwise contrary to Minnesota law."

In response to cross-motions for summary judgment, the district court granted summary judgment to Harstad on his claim that Woodbury has no statutory authority to impose an infrastructure charge, reasoning that Woodbury lacked authority under Minn. Stat. § 462.358, subd. 2a, "to impose fees for construction of new roads or improvements to existing roads outside of the development which may become necessary in the future due to increased traffic resulting from a development."

Woodbury appealed the district court's decision and the court of appeals affirmed, agreeing that Woodbury does not have authority to impose the infrastructure *545charge. Harstad v. City of Woodbury , 902 N.W.2d 64, 79 (Minn. App. 2017). The court of appeals reasoned that the infrastructure charge is a "road assessment" and that Minn. Stat.

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Bluebook (online)
916 N.W.2d 540, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harstad-v-city-of-woodbury-minn-2018.