Shields West v. City of Fresno
In this case we hold that the trial court erred in concluding that the City of Fresno (City) was estopped from collecting $846,078.10 in fees (known as Urban Growth Management Impact Fees) from a developer constructing an apartment complex in the city. We also hold, in accordance with Bright Development v. City of Tracy (1993) 20 Cal.App.4th 783, and with the language of Code of Civil Procedure section 1094.5 itself, that an action under Government Code section 66020 (a section of the Mitigation Fee Act, Gov. Code 66000 et seq.) to attack, review, set aside, void, or annul the imposition of fees or other exactions imposed on a development project by a local agency (Gov. Code, 66020, subd. (d)(2)) is not an action in administrative mandamus when there has been no final administrative order or decision made as the result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken, and discretion in the determination of facts is vested in an administrative decisionmaker. (Code Civ. Proc., 1094.5, subd. (a).) Court will reverse the superior courts Order Granting Writ of Administrative Mandamus, which ordered the City to refund, with interest, fees in excess of $239,966.48 and awarded attorney fees to the developer, and will direct the court to issue an order denying relief to the developer (respondent Shields West).
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