In 2024, the Supreme Court upended decades of California precedent when it held that legislatively enacted development impact fees must satisfy the “essential nexus” and “rough proportionality” tests established in Nollan v. California Coastal Commission and Dolan v. City of Tigard, respectively. However, the Supreme Court did not decide whether the legislatively enacted fee program challenged by Sheetz actually failed to comply with Nollan / Dolan. Instead, it remanded that issue back to the California courts so that they could address the issue in the first ...
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