110 Wyman, LLC, et al., v. City of Minneapolis. MN Special Service District
Under chapter 428A of the Minnesota Statutes, a city may adopt an ordinance establishing a "special service district," which is "a defined area within the city where special services are rendered and the costs of the special services are paid from revenues collected from service charges imposed within that area." In this appeal from Hennepin County, the Minnesota Court of Appeals held that such charges are not subject to the common law special-benefit standard; rather, they are subject to the standard set forth in Minn. Stat. 428A.02, that requires service charges to be "reasonably related to the special services provided” and proportionate to the cost of providing the service."
Nos. A14-1176, A14-1177 (Minn. Ct. App. Mar. 30, 2015)
Please see the original opinion for the court's exact language.
Richard P. Clem is an attorney and continuing legal education (CLE) provider in Minnesota. He has been in private practice in the Twin Cities for 25 years. He has a J.D., cum laude, from Hamline University School of Law in St. Paul and a B.A. in History from the University of Minnesota. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State, 468 N.W.2d 580 (Minn. Ct. App. 1991).
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