RECENT CALIFORNIA DECISIONS

February 2006

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Building Permit and Plan Review Fees Are Not Fees Imposed on a ‘Development Project’ under the Mitigation Fee Act—But May Still Be Challenged as ‘Excessive’
Barratt American, Inc. v. City of Rancho Cucamonga, ___Cal.4th___

On December 22, 2005, the California Supreme Court reversed in part, and affirmed in part, a Court of Appeal decision upholding the dismissal of plaintiff Barratt American, Inc.’s (Barratt) complaint against the City of Rancho Cucamonga. Barratt’s complaint alleged that the city’s building permit and plan review fees were excessive and unlawful under the Mitigation Fee Act (Act, Gov. Code, §§ 66000 et seq). The court concluded that, while Barratt was precluded from seeking certain remedies because building permit and plan review fees are not fees imposed on a “development project” under the Mitigation Fee Act, Barratt was, however, entitled to seek to invalidate the purportedly excessive fees under § 66022 of the Mitigation Fee Act.