- Aug. 2013 - A complaint is filed with the Fifth District Court where a group of builders claimed that the WCWCD impact fees were higher than the law would allow..
- Dec. 2014 The WCWCD files an answer in a timely manner.
- June 2014 The property owners file a motion asking the court to rule, before extended discovery, that the WCWCD cannot charge for .89-acre feet of water for a home when there is no proof that a home requires that much water. The property owners ask the District Court to allow the matter to be heard as a class action on behalf of all those who paid impact fees to the WCWCD from August 2012 through December 2017.
- Aug. 2014 The WCWCD files a motion asking the court to validate its requirement for a .89-acre feet per home.
- Jan. 2015 The court hears oral arguments and rules in favor of the WCWCD, holding that it has the discretion to charge each home for .89-acre feet of water.
- Feb. 2015 The judge’s decision is appealed to the Utah Supreme Court, with both parties asking the court to rule on the .89-acre foot issue to expedite trial and narrow the issues for the trial. Consideration of the class action motion is put on hold pending the Supreme Court decision.
- Oct. 2016 The Utah Supreme Court rules that the decision to allow the .89-acre foot requirement for a home was appealed too soon and can only be heard after a trial in the District Court. Extended discovery proceeds, with depositions held and more than 156,000 pages of documents provided by the WCWCD for review by the property owner experts. The property owners ask again that the matter be heard as a class action on behalf of all who paid impact fees from August 12, 2012, to December 31, 2017.
- July 2019 The District Court rules against the class action motion. The matter is to be heard only on behalf of the named property owners and no others.
- March 2020 The property owners file a modified motion for a class action. This time, the request is for refunds only for residential impact fees and not for all impact fees. Both sides file motions to prepare for trial, including motions to limit the evidence presented at trial and other procedural matters.
- Nov. 2020 The Court approves the motion to allow the case to proceed as a class action, but only for those who paid residential impact fees.
- Aug. 2021 The property owners file a motion to appoint a special master to hear the case.
- May 2022 The Court approves the appointment of a special master and appoints former judge Ben Hadfield, who had been recommended to the court independently by both sides of the dispute.
- June 2022 The Court issues an order approving the class action and appoints Anderson Call and Wilkinson to serve as the class administrator. The class administrator shall send the notice approved by the court to individuals and entities associated with the payment of each impact fee. The WCWCD files an appeal of the appointment of the special master to the Utah Court of Appeals, which agrees to hear the appeal.
- March 2023 The class administrator mails notice to approximately 2495 potential class members. This mailing was to all persons or entities which, according to the information provided by the WCWCD, either 1) applied for a permit where an impact fee was paid to the WCWCD, 2) owned property related to the payment of an impact fee, 3) is listed on the records as paying an impact fee, 4) sold property in a transaction where a fee was paid, or 5) purchased property in a transaction where a fee was paid.
- April 2023 - January 2024 The class administrator received hundreds of responses to the notices. The response of each potential class member was recorded in the master database maintained by the class administrator and shared with counsel for the WCWCD.
- April 2024 The Court of Appeals issues a decision reversing the appointment of a special master. The District Court in St. George now will proceed to trial. A number of motions and details are to be resolved prior to that trial, which may be conducted in 2024 or perhaps 2025.
- May 2024 The case is assigned to Senior Judge Thomas Higbee for trial. The parties meet electronically and discuss dates and deadlines.
- June 2024. Judge Higbee recuses himself due to conflicts of interest.
- October 2024 - Senior Judge Michael Allphin appointed.
- March 2025 - Judge Allphin rules on pending motions, including the denial of the pretrial motions by the WCWCD to limit evidence at trial. Judge Allphin is not able to proceed with the case. Judge Jay Winward retains the case and will preside at trial.
- May 2025 Judge Winward hears the plaintiff's motion to reconsider Judge Wilcox's decision to allow the WCWCD to use .89 acre feet per year as the volume of water that must be made available for each new residence. Trial set for late January, 2026.
- December 2025 The parties meet to attempt to mediate a settlement and are not successful in doing so. Both parties prepare for trial in January.
- January 2026 - The parties are able to reach an agreement to settle the case, subject to court approval of the amount of the settlement and other details.
Future The parties will propose final settlement details to Judge Winward for his review and approval. The final order, once issued by the court, will involve another mailing to potential class members. This notice will outline the details of the settlement including the estimated refund that will be paid for each impact fee paid by class members. Potential class members will be able to hire their own legal counsel to advise them and, if desired, appear to represent those class members before the settlement is final. A hearing will be held before Judge Winward where potential class members or their legal counsel may appear and advise the court on the merits of the settlement.
If and when the settlement is approved, the firm of Anderson Call & Wilkinson, P.C., will act as the class administrator to pay the costs of the litigation, legal fees due to counsel for the plaintiffs, and refunds to class members. Notices were sent in 2023 to several different companies or persons for each impact fee paid. Only one entity or person will get the refund, which will be determined by researching which potential class member actually bore the burden of paying the fee. Another notice will be sent to those who received the notice before. Those who believe they bore the burden of paying the fee will be provided a claim form that can be submitted to claim the refund. Where disputes occur, the final decision may be made by the class administrator or the court.
This information will be updated as the case proceeds. For more information contact us at info@impactfeeclassaction.com.