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U.S. Supreme Court Ruling Empowers Developers and Property Owners to Challenge Excessive or Unjustified Impact Fees
An impact fee is a one-time payment levied onto a property developer by a local government meant to offset the new development's impact on public infrastructure. Impact fees frequently seen include water, wastewater, stormwater, roads, mobility, parks and recreation, public safety, library facilities, public art, public administration buildings and facilities, schools, inclusionary housing, and other in-lieu-of-fees. For many years, these impact fee programs — even ones based on poor methodologies — often went largely unchallenged.
The recent U.S. Supreme Court ruling in Sheetz v. County of El Dorado, No. 22–1074 (April 12, 2024), has empowered developers and property owners to challenge excessive or unjustified impact fees as unconstitutional and potentially seek damages and attorney fees. This in turn will cause many local governments to revisit the defensibility of their impact fee regimes.
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In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.