Home Builders Ass'n v. City of Scottsdale

I respectfully dissent because I believe that the decision of the trial court should be affirmed.

I agree with the majority that deference should be afforded a municipality’s determination of the reasonable amount of a development fee. I disagree with the standard of review the majority applies to the trial court’s determination of a “beneficial use” to the new subdivisions. The trial court should, as was done in this case, independently review the proposed expenditure and determine if it will result in a “beneficial use” to the new developments as required by the enabling statute. To…