Sheetz v. County of El Dorado
Annotate this CasePlaintiff George Sheetz challenged a $23,420 traffic impact mitigation fee (TIM fee or fee) imposed by defendant El Dorado County (County) as a condition of issuing him a building permit for the construction of a single- family residence on his property in Placerville. Sheetz appealed the judgment entered after the trial court sustained the County’s demurrer without leave to amend and denied his verified petition for writ of mandate. To the Court of Appeal, he contended reversal was required because the TIM fee was invalid under both the Mitigation Fee Act and the takings clause of the United States constitution, namely the special application of the “unconstitutional conditions doctrine” in the context of land-use exactions established in Nollan v. California Coastal Comm’n, 483 U.S. 825 (1987) and Dolan v. City of Tigard, 512 U.S. 374 (1994). Finding no error, the Court of Appeal affirmed.
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