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Earlier this morning the Minnesota Court of Appeals published its opinion in Harstad v. Woodbury, holding that Woodbury’s major roadway fee is an illegal impact fee. The decision upholds the district court’s ruling on the matter.
This is a substantial win for the housing industry as the Court ruling clarifies the inappropriateness of illegal traffic fees, which drive up housing costs in many cities throughout the state. In its conclusion, the court decision states Woodbury “lacks express or implied authority” to impose its Major Roadway Assessment fees.
“This is a win for homeowners and for home affordability in Minnesota. This decision provides much-needed clarity for cities – traffic impact fees, which add to the home affordability crisis, are not legal and cannot be charged to homeowners.” – David Siegel, Executive Director, Builders Association of the Twin Cities and Housing First Minnesota
Woodbury now has 30 days to appeal this decision to the Minnesota Supreme Court. Check Housing Industry News for the latest developments.
Nick Erickson, regulatory affairs manager, serves as BATC’s point of contact for the housing industry’s regulatory agencies. Follow Nick on Twitter: @nserickson