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County’s Initiative-Enacted General Plan Traffic Mitigation Policies Are Unconstitutional Exactions

On May 4, 2021, in Alliance for Responsible Planning v. Taylor (County of El Dorado), __ Cal.App.5th __ (2021) (Case No. C085712), the Third District Court of Appeal affirmed a trial court decision invalidating as a violation...more

School District Not Required to Evaluate Impact of Private University Housing Project Before Imposing Impact Fees

On November 5, 2020, in AMCAL Chico LLC v. Chico Unified School District, __ Cal.App.5th __ (2020) (Case No. C087700), a case involving the Chico Unified School District’s imposition of school impact fees on a dormitory...more

Development Agreement Allowed City to Impose New Fees on Housing Project Despite Previously Approved Vesting Tentative Map

In a new case published on June 8, 2020, North Murrieta Community, LLC v. City of Murrieta, __ Cal.App.5th __ (2020) (Case No. E072663), the Fourth District Court of Appeal addressed novel vested rights issues arising under...more

Court Invalidates School District’s Fee on New Residential Development

In a decision filed December 4, 2018 and published December 20, 2018, the Sixth District Court of Appeal, in SummerHill Winchester LLC v. Campbell Union School District, __ Cal.App.5th __ (2018) (Case No. H043253), affirmed a...more

Court Holds that for Purposes of Calculating Level 1 School Impact Fees, “All Interior Space is Assessable”

On March 29, 2018, in 1901 First Street Owner, LLC v. Tustin Unified School District, __ Cal.App.5th __ (2018) (Case No. G054086), the Fourth District Court of Appeal addressed an important case of first impression regarding...more

Court Denies Preliminary Injunction and Terminates Temporary Restraining Order, Allowing Imposition of Level 3 School Impact Fees

On May 26, 2016, the California Building Industry Association successful obtained a temporary restraining order from the Sacramento Superior Court preventing the State Allocation Board—and all others acting in concert with...more

The Mitigation Fee Act Provides the Sole Means for Challenging Development Impact Fees and Recovering Interest

The Mitigation Fee Act (Government Code § 66000 et seq.) provides the requirements for development impact fee programs. Most of the Act’s provisions were adopted in 1987 as AB 1600 and are sometimes referred to as “AB 1600...more

State Allocation Board Temporarily Stopped From Authorizing Level 3 School Impact Fees

The California Building Industry Association obtained a critical temporary restraining order against the State Allocation Board in connection with the Board’s 6-4 vote on May 25, 2016 finding, for the first time, that state...more

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