George Sheetz (Plaintiff) wanted to build a small, prefabric…
Questions
Geоrge Sheetz (Plаintiff) wаnted tо build а small, prefabricated hоme on his residential parcel of land. To obtain a permit, though, he had to pay a substantial fee of $23,420 to mitigate local traffic congestion. El Dorado County, California (Defendant) is a rural jurisdiction that lies east of Sacramento and extends to the Nevada border. In recent decades, the County has experienced significant population growth, and with it an increase in new development. To account for the new demand on public services, the County’s Board of Supervisors adopted a planning document, which it calls the General Plan, to address issues ranging from wastewater collection to land-use restrictions. The Board of Supervisors is a legislative body under state law, and the adoption of its General Plan is a legislative act. To address traffic congestion, the General Plan requires developers to pay a traffic impact fee as a condition of receiving a building permit. Defendant uses proceeds from these fees to fund improvements to its road system. The fee amount is determined by a rate schedule, which takes into account the type of development (commercial, residential, and so on) and its location within the County. The amount is not based on the cost specifically attributable to the particular project on which the fee is imposed. Sheetz sought relief in state court. He claimed, among other things, that conditioning the building permit on the payment of a traffic impact fee constituted an unlawful “exaction” of money in violation of the Takings Clause. The trial court rejected Plaintiff’s claim and ruled that fees imposed on a broad class of property owners through legislative action are determined by the discretion of the state legislature. Plaintiff appealed, claiming Defendant failed to follow applicable law by imposing the impact fees per the above General Plan. Please discuss the accepted legal arguments likely to be raised by Plaintiff on appeal and the facts, if any, which support his contentions.
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