Home Builders Ass'n v. City of Lincoln

The plaintiffs in this action have challenged the legal authority of the City of Lincoln (the City) to enact an ordinance conditioning the issuance of a building permit for new residential development on the payment of “impact fees,” intended to offset the expenses associated with providing municipal services to the new development. For the reasons that follow, we conclude that the City’s home rule charter permits it to impose such impact fees. Therefore, we affirm the judgment of the district court dismissing the plaintiffs’ petition.

BACKGROUND

In 2003, the City enacted an “Impact Fee…