Sundance Homes, Inc. v. County of Du Page

On March 23, 1995, this court rendered its opinion in Northern Illinois Home Builders Ass’n v. County of Du Page, 165 Ill. 2d 25 (1995) (hereinafter referred to as NIHBA), holding unconstitutional the first of two state enabling statutes, and Du Page County ordinances enacted pursuant thereto, which, respectively, authorized and imposed transportation impact fees on new development. In the context of that case, this court stated, “monies collected thereunder should be returned.” NIHBA, 165 Ill. 2d at 35-36, 50. The appellants in this case, fee payers who were not parties in NIHBA, who waited…