Building permit applicant appealed city’s hearing examiner’s decision regarding transportation impact fees city imposed as a condition of issuance of building permit.
The Superior Court affirmed, and applicant appealed.
The Court of Appeals held that:
- City’s traffic impact fee, imposed as a condition of issuance of building permit, was not subject to Fifth Amendment scrutiny;
- Applicant had the burden of establishing any exception to city ordinance governing calculation of traffic impact fees;
- Hearing examiner’s decision to uphold city’s traffic impact fee calculation was not clearly erroneous; and
- City, as prevailing party, was entitled to an award of reasonable attorney fees and costs.