K.L.N. Construction Company, Inc. & a. v. Town of Pelham

The petitioners, K.L.N. Construction Company, Inc., Cormier & Saurman, LLC, and Brian Soucy, and the intervenor, Gerald Gagnon Sr. (collectively, the petitioners), appeal an order of the Superior Court (Nicolosi, J.) dismissing their petition for declaratory judgment and writ of mandamus seeking the return of impact fees paid to'the respondent, the Town of Pelham (Town). In its order, the trial court ruled that it was within the Town’s statutory authority to adopt an ordinance that allows current property owners to seek a refund of unencumbered impact fees. The trial court ruled that the…