(DOWNLOAD) "Sundance Homes, Inc. v. County of Du Page" by Illinois Supreme Court # Book PDF Kindle ePub Free

eBook details

Title: Sundance Homes, Inc. v. County of Du Page
Author : Illinois Supreme Court
Release Date : January 16, 2001
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 88 KB

Description

21-September 2000. On March 23, 1995, this court rendered its opinion in Northern Illinois Home Builders Ass'n v. County of Du Page, 165 Ill. 2d 25 (1995) (hereinafter referred to as NIHBA), holding unconstitutional the first of two state enabling statutes, and Du Page County ordinances enacted pursuant thereto, which, respectively, authorized and imposed transportation impact fees on new development. In the context of that case, this court stated, ""monies collected thereunder should be returned."" NIHBA, 165 Ill. 2d at 35-36, 50. The appellants in this case, fee payers who were not parties in NIHBA, who waited more than five years after they had paid the impact fees in question to file for a refund, and who indeed filed almost a full year after NIHBA was decided, now seek, by various procedural means legal and equitable, a refund of fees they paid under the invalidated statute and ordinances. Although there are several facets to the issue, their right to a refund is the central question before the court. We set forth hereafter facts necessary to an understanding of our disposition.