June 6, 2016
By Dave Walrath
After CASH provided an update on the litigation related to the State Allocation Board (SAB) action for Level III fees and the subsequent Temporary Restraining Order (TRO) issued by a Sacramento court, we heard from other member legal firms with a different opinion on the meaning of the TRO. For example, some have concluded that the TRO does not prohibit school districts from levying Level III fees.
The issues regarding the action by the SAB and the TRO’s effect on Level III fees raise complicated legal questions, and we recommend that school districts communicate with their legal counsel regarding this matter.
Ruling Issued on Level 3 Developer Fees Update
May 27, 2016
By Dave Walrath
We are forwarding this information that we received from CASH member legal firm Lozano Smith, please see the link below:
http://www.lozanosmith.com/news-clientnewsbriefdetail.php?news_id=2519
Level III Developer Fees Update
May 25, 2016
By Dave Walrath
CASH has been informed that the California Building Industry Association will be filing for a Temporary Restraining Order (TRO) to block yesterday’s action by the State Allocation Board to authorize school districts to levy Level III developer fees. If they do file that does not mean the TRO is granted. We do not know the legal ins and outs of how TRO’s work so we advise school districts who are intending to levy Level III developer fees to consult with their attorney to be informed of what this means as a legal and practical matter.
CASH is not participating in this litigation. We will continue to focus our efforts on passing the $9 billion state school bond that is on the November ballot.