Supreme Court Decision May Have Ripple Effect on Development Impact Fees

Litigation attorney David Robinson was cited in a The Business Journals article discussing the U.S. Supreme Court's recent decision that could lead to more scrutiny of impact fees on new real estate developments. According to Mr. Robinson, this ruling emphasizes that the Nollan and Dolan test, requiring direct relationship and proportionality for impact fees, overrides state laws. He highlighted the potential for a shift in how local governments assess these fees and the broader implications for their revenue streams, indicating a significant moment for both developers and municipalities.

"My overall takeaway is, at least those justices all agree the Nollan and Dolan test trumps all state laws. There has to be both a direct relationship and proportionality .... [There is] no mathematical formula, but there is heightened scrutiny," he said. 

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