the Village of Minnetonka Beach
Patrick B. Steinhoff, Bruce D. Malkerson, Malkerson Gunn
Martin LLP, Minneapolis, Minnesota (for relators)
C. Hoff, Justin L. Templin, Hoff Barry, P.A., Eden Prairie,
Minnesota (for respondent)
Considered and decided by Schellhas, Presiding Judge; Jesson,
Judge; and Klaphake, Judge. [*]
does not have statutory authority to certify landowners'
purported debt for appeal expenses to a county auditor for
collection with landowners' real estate taxes.
argue that respondent lacked statutory authority to certify
their purported debt to the county auditor for collection
with their real estate taxes. Because the city lacked such
authority, we reverse.
August 2015, relator landowners Nell Mathews and Max
Hacker's neighbors began installing a patio in their
backyard. Relators believed that the patio extended into and
violated the side setback and average minimum building
setback requirements. Respondent City of the Village of
Minnetonka Beach planning and zoning administrator (the
administrator) nevertheless approved the patio installation.
October 2015, relators appealed the administrator's
approval by using a city-provided form that stated that
relators would be responsible for "the actual costs
incurred by the City for engineering, planning and zoning,
legal and inspection expenses reasonably and necessarily
required by the City" to process the appeal. After the
city processed relators' appeal, it notified them that
they owed $3, 530.35 in fees and charges to reimburse the
city for "planning and zoning and/or engineering
services" and that if the "delinquent amount"
remained unpaid, the city would recommend the amount
"for certification to their property taxes for
did not pay the purported delinquent amount (debt), and the
city council thereafter passed a resolution,
"authoriz[ing] certification of these unpaid fees and
charges to Hennepin County for collection via assessment to
[relators'] property taxes" related to their real
estate located in Minnetonka Beach. This certiorari appeal
city statutorily authorized to certify landowners'
purported debt for appeal expenses to the county auditor for