Alameda has appealed a lower court's decision in Boatworks v. The City of Alameda, in which a judge voided the city’s 2 ½-year-old park facilities impact fee after siding with a private developer who argued that the city improperly factored into its fee parkland the city already owned and had obtained at no cost. As a result, the the city is again charging the impact fee after briefly suspending the program. Builders should pay the fee under protest, however, in order to preserve their rights to claim refunds at the conclusion of the appeal process. Additionally, Tom Roth, the attorney handling the Boatworks litigation, is working with builders interested in petitioning the court to have the stay lifted, which would bar Alameda from collecting the park impact fee during the appeal period. If a sufficient number of builders participate, Mr. Roth believes the effort could be successful. If you would like to participate, please contact Mr. Roth directly at 415 293-7684 or rothlaw@comcast.net. Boatworks is a 9.4 acre project on Clement Street in Alameda, where developer Francis Collins proposes to construct 182 multi-family units. For other questions or comments, contact BIA’s Lisa Vorderbrueggen at lvorderbrueggen@biabayarea.org or 925-348-1956.
