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LAFFERTY v. PAYSON CITY

Nos. 17534, 17536.

642 P.2d 376 (1982)

Timothy Ross LAFFERTY, Plaintiff and Respondent, v. PAYSON CITY, a municipal corporation, Defendant and Appellant. Timothy Ross LAFFERTY, Plaintiff and Appellant, v. PAYSON CITY, a municipal corporation, Defendant and Respondent.

Supreme Court of Utah.

February 17, 1982.

Attorney(s) appearing for the Case

Dave McMullin, Payson, for defendant and appellant.

Ray M. Harding, American Fork, for plaintiff and respondent.

OAKS, Justice:

This appeal concerns the legality of two fees a municipality imposed on the construction of new homes.

In 1977, Payson City enacted an ordinance requiring the payment of an "impact fee" of $1,000 per family dwelling prior to the issuance of any building permit. The ordinance stated that this fee was necessary because of an emergency situation created by property development within the city limits; the City needed additional revenue to offset...

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