- Aug. 2013 An attorney for a group of property owners approached an attorney at the Washington County Water Conservancy District (WCWCD) explaining that a review found that its impact fees were too high. Under Utah law, the ability to review an impact fee payment expires one year after payment. The property owners’ attorney explained the property owners had to file a complaint with the District Court to preserve the right to discuss how to make the fee fairer or each day that passed would eliminate the chance to challenge the fees paid a year before that date. The WCWCD’s immediate response was that the WCWCD would not discuss any issue with someone who sues it. There was no ability to negotiate or discuss the issue at the time without losing the ability to challenge the fees that had been paid during the preceding year.A complaint is filed with the Fifth District Court.
- 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. A number of motions are to be heard before trial, which may occur in late winter or sping of 2025.
Future The WCWCD and counsel for the class members may continue to discuss settlement of the case as both sides deem appropriate.
In the past, key decisions by the District Court have been appealed to the Supreme Court or Court of Appeals. It is expected that this will happen again, and one of these courts will review several issues related to the case once the District Court has ruled. A decision could require a year or more to be argued and then handed down, perhaps in 2026 or 2027.
Commonly, once key legal issues are settled by the Supreme Court or Court of Appeals, the matter can be heard again by the District Court based on decisions made by the higher court. The rehearing can be brief or extended, but it is feasible that a final ruling ending all litigation could be made in 2027 or 2028.
This information will be updated as the case proceeds. For more information contact us at info@impactfeeclassaction.com.