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CAPISTRANO BEACH WATER DISTRICT v. TAJ DEVELOPMENT CORPORATION

No. G021735.

85 Cal.Rptr.2d 382 (1999)

72 Cal.App.4th 524

CAPISTRANO BEACH WATER DISTRICT, Plaintiff and Respondent, v. TAJ DEVELOPMENT CORPORATION et al., Defendants and Appellants.

Court of Appeals of California, Fourth District, Division Three.

May 25, 1999.

Attorney(s) appearing for the Case

Gary L. Gebler & Associates and Gary L. Gebler, Irvine, for Defendants and Appellants.

McNamara, Van Blarcom, McCIendon & Leibold, P.C., and Stephen M. McNamara, Orange, for Plaintiff and Respondent.

OPINION

SILLS, P.J.

We decide here whether a sewer connection fee or capacity charge, paid by a developer to connect its hotel to a sanitation district's sewer system, falls within the definition of a "development fee" under Government Code sections 660001 et seq. (the Mitigation Fee Act, hereafter the Act). The Act restricts the imposition and use of development fees and provides developers a limited right of refund. (§...

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