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Sheetz v. El Dorado, California

Pending Petition
Docket No.25-958
Op. BelowCal. App. 3d

Issue

Whether (1) the Takings Clause’s protection against unconstitutional permit conditions encompass an evidentiary requirement (as opposed to a legislative process) by which the government bears the burden to demonstrate that its development permit exaction complies with Dolan v. City of Tigard's “rough proportionality” standard; and (2) an impact fee can be roughly proportional when imposed on one discrete class of development (residential) for the purpose of addressing impacts caused by another discrete class of development (commercial).

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