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LOCAL AGENCY, REPRESENTED BY ABBOTT & KINDERMANN, PREVAILS IN PRECEDENT-SETTING CASE ON CONSTITUTIONAL CHALLENGES TO DEVELOPMENT IMPACT FEES

By Diane G. Kindermann & Glen C. Hansen on August 5, 2025

On July 29, 2025, the California Court of Appeal issued a final ruling in Sheetz vs. El Dorado County in favor of the County on an unconstitutional takings claim. The decision, which followed a remand from the United States Supreme Court, addresses the requirements of federal constitutional law that applies to jurisdictions across the country.

Abbott & Kindermann, Inc., represented the County in this decisive win for reasonable development impact fees that are based on well-supported and generally-applied fee schedules for different kinds of development.  In a subsequent post, we will explain the holding and reasoning of the Court of Appeal’s decision.  The court’s analysis is instructive as to how impact fees can be developed and structured to comply with both the United States Constitution and California’s Mitigation Fee Act.

Along with representing litigants in such cases, Abbott & Kindermann provides guidance for local agencies in creating, amending and implementing such fee programs.

  • Posted in:
    Real Estate & Construction
  • Blog:
    Land Use Law Blog
  • Organization:
    Abbott & Kindermann, Inc.
  • Article: View Original Source

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