Case Overview

WASHINGTON TOWNHOMES V. WASHINGTON COUNTY WATER CONSERVANCY DISTRICT

Case Summary: 

From 2006 through 2017, the Washington County Water Conservancy District (WCWCD) charged impact fees on new building lots and homes. Generally speaking, impact fees are appropriate, normal, and even necessary to offset the cost of connecting a new home to the WCWCD’s water resources and distribution system. But those impact fees must relate to the actual cost or impact of connecting the new home to the system. In this case, home builders and residential developers who built homes and developed property from 2012 through 2017 (Plaintiffs) challenged the fee amount. 

The claim is simple – Utah law allowed WCWCD to charge Plaintiffs the cost to WCWCD of serving new construction and development but did not allow it to collect more than a reasonable calculation of that cost. From 2006 through 2017, WCWCD’s impact fees were based on a detailed financial analysis, which predicted what the cost to service a new home would be. In this case, the Plaintiffs claim that WCWCD’s analysis overstated the cost to serve a home from 2012 through 2017 in several respects.

The matter was set to be heard in the District Court in St. George in January of 2026. Prior to trial, however, the parties reached a settlement which has now been given preliminary approval by the Court. A final hearing on the settlement will be held on June 11, 2026. When the settlement is finally approved, partial refunds will be paid to those who incurred the cost of impact fees on about 10,000 homes in Washington County. The refunds will be about 14% of the impact fee that was paid.

For More Information: info@impactfeeclassaction.com