Sundquist Homes Inc. v. Snohomish County

MEMORANDUM **

Plaintiffs, private real estate developers, filed this putative class action in state court to recover impact fees defendant Snohomish County (the “County”) imposed pursuant to Washington’s Growth Management Act (“GMA”). Under the GMA, local governments are authorized to impose impact fees as a condition to approving new developments provided that they “adopt[ ] or revis[e] a comprehensive plan in compliance with RCW § 36.70A.070,” a statute specifying “mandatory elements” of comprehensive plans, and provided that they include in their capital facilities plan information about the effect of new development on public facilities. Rev.Code Wash. § 82.02.050(4). During the alleged class period, Plaintiffs contend, the County was not authorized to impose impact fees because it did not have a proper comprehensive or capital facilities plan in place. Plaintiffs contended that defendants violated 42 U.S.C. § 1983 as well as various provisions of state law.

Defendants removed to federal district court based on the presence of a federal question under § 1983, pursuant to 28 U.S.C. §§ 1331 and 1441.

The district court granted the Defendants’ motion for summary judgment on…