The Supreme Court ruled Friday that developers and home builders in California may challenge the fees commonly imposed by cities and counties to pay for new roads, schools, sewers and other public improvements.
The justices said these “impact fees” may be unconstitutional if builders and developers are forced to pay an unfair share of the cost of public projects.
Developers have contended that limiting California’s high fees would lead to the construction of more affordable new housing.
California state courts had blocked claims arising from “a development impact fee imposed pursuant to a legislatively authorized fee program” for new development in a city or county.
But the 9-0 Supreme Court decision opened the door for such challenges. The justices revived a constitutional claim brought by an El Dorado County man who put a manufactured home on a small lot and was told he would have to pay a “traffic…
