California Court of Appeal

In an action for a refund the unused portion of the Beach Parking Impact Fee, created because the City-defendant anticipated that substantial residential development proposed for the City's inland areas would significantly increase the demand for public parking at the City's beaches, alleging the five-year findings the City made in 2009 failed to satisfy the Mitigation Fee Act's (Gov. Code, § 66000 et seq.) requirements and did not justify the City's continued retention of the unexpended Beach Parking Impact Fees because the increased parking demand had not materialized over the ensuing 20 years, the trial court's judgment, ordering the City to refund approximately $10.5 million in unexpended impact fees to the current property owners on which the fees were imposed, is affirmed because the City failed to make the five-year findings the Act required and the statutorily-mandated remedy for that failure is the refund of all unexpended Beach Parking Impact Fees.

Appellate Information

• Decided 08/28/2015
• Published 08/28/2015

Judges

• ARONSON

Court

• California Court of Appeal

Counsel