Impact fee class action? Arguments at the Court of Appeal

Submitted by Adam D. Kaufman1st District Court of Appeals

Legal Analyst

A three judge panel of the First District Court of Appeal heard arguments Wednesday January 15, 2014 0n whether the certification by Judge Brian Davis of the class action law suit against the City of Fernandina with regard to impact fees was appropriate.

The Conlon suit and purported class action attacks the City’s imposition of impact fees in 2003. In the related “bond validation” law suit, also decided by Davis, the City has until February 3, 2014 to file an appeal of the judgment in that case.

The arguments before the Court revolved around Conlon’s standing to sue as an individual plaintiff and whether she is an appropriate representative of the class, whether the totality of the class of plaintiffs approved (those upon whom the impact fees were imposed) was proper and whether the class of plaintiffs approved by Judge Davis was too broad and unmanageable.

Questions were raised as to whether Conlon, who initiated the law suit in 2011, should have sued at an earlier date and was time barred from litigating by the “statute of limitations” or by “laches;” from what date would other individuals be barred from suing the City; whether developers and corporate home builders were or are in a different position than individuals and whether each allegedly harmed individual might have to demonstrate that he or she acted in reliance and were adversely affected by actions of the City or its agents, so called “equitable estoppel.”

January 15, 2014 3:06 p.m.


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One Response to Impact fee class action? Arguments at the Court of Appeal

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