Housing Industry Files Brief in Support of Suit Against Illegal City Fees

Housing First Minnesota, National Association of Home Builders and Developer Frank Kottschade Join in Submitting Amicus Brief

In February, Housing First Minnesota submitted a friend-of-thecourt (amicus) brief in support of Twin Cities developer Martin Harstad’s suit against the City of Woodbury. Harstad sued the City of Woodbury in 2015, contending the city’s Major Roadway Assessment (MRA) fees, which are used to pay for traffic-related improvements throughout the city, were not permitted under state law. In September, the Court of Appeals upheld a lower court’s ruling that these fees are unlawful.

In the brief, cosigned by Rochester- area developer and Housing First Minnesota member Frank Kottschade and the National Association of Home Builders, the industry says the previous court decisions, which ruled that Woodbury’s MRA fees represented impact fees not authorized by the State of Minnesota, should be upheld.

The Minnesota Supreme Court granted Woodbury’s petition for review in November, after the League of Minnesota Cities took the unusual step of filing an amicus brief encouraging the Supreme Court to accept Woodbury’s appeal. The Minnesota Supreme Court has not yet set a date for the hearing, but Housing First Minnesota will keep you up to date at Housing-FirstMN.org