Sheetz v. El Dorado County was heard before the United States Supreme Court on January 9th, 2024 and the county has lost!

Sheetz v. County of El Dorado

Links Below:

https://www.oyez.org/cases/2023/22-1074

Sheetz v. County of El Dorado, California

https://www.supremecourt.gov/docket/docketfiles/html/public/22-1074.html

https://www.cato.org/legal-briefs/sheetz-v-county-el-dorado

https://manhattan.institute/article/amicus-brief-sheetz-v-county-of-el-dorado

https://law.justia.com/cases/california/court-of-appeal/2022/c093682.html

https://www.jdsupra.com/legalnews/scotus-agrees-to-hear-case-concerning-6828435/

https://www.supremecourt.gov/DocketPDF/22/22-1074/293947/20231220185056541_22-1074%20Sheetz%20divided%20argument%20motion%20final.pdf

https://news.bloomberglaw.com/us-law-week/supreme-court-accepts-takings-challenge-to-land-use-exaction

https://caselaw.findlaw.com/court/ca-court-of-appeal/1971854.html

Amicus Brief: Sheetz v. County of El Dorado

https://www.spencerfane.com/insight/u-s-supreme-court-to-decide-whether-legislatively-authorized-land-use-exaction-constitutes-unconstitutional-condition/

Sheetz v. County of El Dorado

https://www.mtdemocrat.com/news/county-fees-challenged/article_182c02f4-64a2-11ee-a9e5-fbebb65d6dbf.html

Another Step Closer for Property Rights!

https://www.sfchronicle.com/politics/article/scotus-california-fees-18397509.php

https://www.buckeyeinstitute.org/research/detail/the-buckeye-institute-nfib-to-scotus-stop-governments-from-using-permits-to-extort-money-from-citizens

ALF Argues That There Are No Exceptions To The Fifth Amendment’s “Just Compensation” Guarantee For Governmental Takings

https://www.law360.com/real-estate-authority/articles/1733994/fisherbroyles-atty-takes-calif-impact-fee-case-to-high-court

U.S. Supreme Court case centers on El Dorado County development fees

CAA legal round-up – cases that will heat up this winter

https://hoodline.com/2023/12/san-francisco-city-attorney-david-chiu-champions-development-impact-fees-at-supreme-court/

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 $40,000,000