In 6 of 7, Court Says "No" to Sheetz

by Placerville Newswire / Jun 11, 2018 / comments

[Carla Hass, EDC]

(PLACERVILLE, CA) – El Dorado County Counsel today announced a favorable ruling by the El Dorado Superior Court on a significant procedural issue in Sheetz & Friends of El Dorado County v. County of El Dorado.

The Petitioners challenged the Traffic Impact Mitigation (TIM) fee that Mr. Sheetz was required to pay when he obtained a building permit to construct a manufactured home on his property. Sheetz & Friends alleged seven causes of action in their lawsuit, one being a request that the County refund the TIM fee paid by Mr. Sheetz, and six others requesting declaratory relief based on allegations that the TIM fee program is allegedly unconstitutional and/or it allegedly violates the Mitigation Fee Act.

The County challenged the seven causes of action and, in its final ruling, the Court agreed with the County’s challenges to the six declaratory relief requests, leaving only the request that the Court order a refund of the TIM fee to Mr. Sheetz.

“The ruling of the Court significantly narrowed the scope of the litigation so that the focus is on the TIM fee imposed on Mr. Sheetz as opposed to the Petitioners’ broad allegations regarding the validity of the TIM fee program,” said County Counsel Michael Ciccozzi. ”We are pleased with the Court’s ruling and will continue to vigorously defend against the remaining part of this litigation.”