Home Builders v. Mesa (cultural impact fee case)

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Case background:

Under Arizona law and the federal Constitution, building fees are supposed to be limited to the costs for “necessary” services—such as roads and sewers—that new residential developments impose upon a community. But many Arizona cities have begun looking at impact fees as new revenue sources, using them to fund unrelated facilities. Across the Valley, impact fees are soaring even as homeowners struggle to pay their mortgages and one of Arizona’s most important industries is on the ropes.

As an initial foray against excessive impact fees, the liberty watchdog Goldwater Institute has challenged the legality of Mesa’s “cultural impact fee” which imposes a tax on new construction to pay for public facilities unrelated to the impact of new development, such as museums. The construction of new homes can negatively impact existing sewage systems or roads, but negatively impact existing museums?

Mesa’s cultural impact fee, which has increased from $59 per home in 1998 to $221 today, is an egregious abuse of impact fees. Cultural facilities are nice, but they certainly aren’t “necessary” public services. Furthermore, the particular facilities for which these fees are collected have already been built, and the city has no plans to construct new facilities as a consequence of new residential development. The cultural impact fee has simply become a tool for city governments to levy excessive taxes on Arizonans without representation.

A judge ruled in favor of Mesa in the cultural impact fee case, but the Goldwater Institute has filed an appeal.

View Press Releases Below:

• Goldwater Institute Appeals Ruling in Mesa Impact Fees Case

•  New Goldwater Institute Suit Challenges Mesa Cultural Impact Fee

Read More About Impact Fees:

• Metro Area House Prices and Affordability
  Dr. Elliot F. Eisenberg, July 18, 2007.

The Stakes:

• Stopping excessive taxes on residents who cannot vote for or against them
• Restoring constitutionally limited impact taxes

Case Timeline:

• September 5, 2007: Case filed with the Maricopa Superior County Court.
• November 9, 2007:  Hearing scheduled with Judge Rayes, 1:30 PM at 101 W. Jefferson, East Court Building in courtroom 411.
• December 10, 2007: Judge Rayes denies Mesa's motion to dismiss.
• June 12, 2009: 10:00 a.m.  Oral argument before Hon. Douglas L. Rayes at 101 W. Jefferson, Courtroom 411.
• July 14, 2009: Judge Rayes rules in favor of the City of Mesa.

• July 16, 2009: The Goldwater Institute appeals Judge Rayes' decision.

• June 23, 2010: 2 p.m. Oral arguments at Court of Appeals, Courtroom #1, 1501 W. Washington Street.

Case documents:

• Appellant's Reply Brief
• Appeal-Opening Brief
• Judge Rayes Decision
• Response/Reply to Motion for Summary Judgment
• Motion for Summary Judgment
• Goldwater Institute's response to Mesa's motion to dismiss
• City of Mesa Amended Complaint

• Home Builders Association of Central Arizona v. City of Mesa Complaint

Media Coverage:

• "Mesa says it’s too late to repeal ‘cultural’ fee for builders"
  Jason Massad, East Valley Tribune, November 7, 2007.
• "Groups suing city of Mesa over museum impact fees"
  Mike Sunnucks, the Business Journal, September 14, 2007.
• "Impact fee challenge has merit"
  Editorial Opinion, East Valley Tribune, September 13, 2007.
• "Group suing Mesa over cultural fees"
  Gary Nelson, Arizona Republic, September 6, 2007.
• "Builders sue Mesa for impact fee hike"
  Jason Massad, East Valley Tribune, September 6, 2007.
• “Making an Impact”
  Clint Bolick, Goldwater Institute Daily, June 20, 2007.

How can I help?

• The stakes are high, help build positive press. Write letters to the editor for your local newspaper and let them know how you feel.
• The Goldwater Institute's Scharf-Norton Constitutional Litigation Center is able to defend your constitutional freedom because of the generous donations of private individuals.  R. Evan Scharf and John R. Norton III have arranged for a $1 million challenge grant to establish and fund the Goldwater Institute Scharf-Norton Center for Constitutional Litigation. To donate to the litigation center or become a member of the Goldwater Institute, please call (602) 462-5000.

Learn more about the Goldwater Institute’s Scharf-Norton Center for Constitutional Litigation.