Litigation – Transportation and CSD Impact Fees

Three lawsuits have been filed against El Dorado County and to date the lawsuits have three successful tentative rulings. This means that the county could not produce evidence to defend themselves and the cases may advance. The lawsuits are Sheetz Vs. El Dorado County, Austin Vs. El Dorado County, and Lunsmann Vs. El Dorado County. The county is trying to use Developer Reimbursement Agreements (Lennar’s dated 2017) to encumber the refunds that we believe should be returned to El Dorado County homeowners. The lawsuits were filed before the county signed Lennar’s reimbursement agreement.  The other agreement was dated after the county defaulted on making the required nexus findings. The county defaulted on making findings under gov. code 66001(d)2 which requires all funds in fee accounts to be returned to property owners of record.

If successful, we estimate these lawsuits will provide refunds to homeowners in the range of $50,000,000