Dabbs v. Anne Arundel CountyAnnotate this Case
At issue in this case were the Dabbs Class’s claims demanding refunds of impact fees collected by Anne Arundel County between fiscal years 1997-2003.
Anne Arundel County imposed road and school impact fees according to County districts beginning in 1987. Those who paid impact fees might become eligible for refunds of those fees under certain circumstances. The Dabbs Class sought refunds on the ground that the impact fees at issue were not expended or encumbered in a timely manner under section 17-11-210(b) of the Anne Arundel County Code and that the amendments to the Impact Fee Ordinance in Bill No. 27-07 and Bill No. 71-08, which codified the County’s procedures for calculating capital expenditures and encumbrances and removed prospectively the refund provision provided in section 17-11-210, unconstitutionally interfered with their vested rights in refunds. The circuit court entered a declaratory judgment for the County. The intermediate appellate court affirmed. The Court of Appeals affirmed, holding that the lower courts did not err in (1) concluding that the rough proportionality test/rational nexus test of Nollan v. California Coastal Comm’n, 483 U.S. 825 (1987), and Dolan v. City of Tigard, 512 U.S. 374 (1994), did not apply; and (2) permitting the retroactive application of the legislation and not finding an unconstitutional taking.