Capistrano Beach Water District v. Taj Development Corporation

Opinion

SILLS, P. J.

We decide here whether a sewer connection fee of capacity charge, paid by a developer to connect its hotel to a sanitation district’s sewer system, falls within the definition of a “development fee” under Government Code section 66000 1 et seq. (the Mitigation Fee Act, hereafter the Act). The Act restricts the imposition and use of development fees and provides developers a limited right of refund. (§ 66001, subd. (e).) The right to a refund was not allowed for sewer connection fees and capacity charges under the Act in place at the time of the underlying action. (Former §…