CBIA attorneys have successfully persuaded a Sacramento Superior Court judge to reconsider his tentative ruling that would have allowed eligible school districts to start charging Level III impact fees. During a hearing on July 22, 2016, where CBIA sought to extend the preliminary injunction while the litigation proceeds, lawyers Matt Francois and Dave Lanferman raised sufficient concerns with the tentative ruling and the judge decided he needed more time to consider the issues. He took the matter under submission. As a result, the existing injunction remains in force until the judge makes his decision. The judge could issue his final ruling at any time. For the time being, eligible school districts may not charge fees in excess of Level II. CBIA is reiterating its recommendation that, where possible, builders should obtain certificates of compliance — proof of payment of fees — from school districts in order to protect themselves from future fee increases. Click here
to read the tentative ruling. Click here
to read a San Jose Mercury News story of July 24, 2016, that covers the fee litigation. Click here
for the CBIA memo.