Palermo at Lakeland, LLC v. City of Bonney Lake

¶1 The city of Bonney Lake (City) appeals the Pierce County Superior Court’s decision that its system development charge (SDC) was unreasonable. We hold that the City arbitrarily adopted ordinance 1192 under which it assessed Palermo for connecting to the City’s water system; thus, the ordinance was void, leaving the prior *69ordinance in effect. But the trial court erred when it applied a remedy that calculated the proper charge based on the City’s expert, who justified the City’s ordinance retroactively, and awarded attorney fees under the common fund doctrine. We remand, holding that the City…