Douglass Properties II, LLC v. City of Olympia, Washington
Takings DueProcess
Whether, after Koontz, the Nollan/Dolan doctrine applies generally to impact fees, i.e., whether after Koontz there is any distinction between "adjudicative" and "legislative" fees when a government agency demands money or property as a condition of issuing a land use permit and the fee is not a uniform permitting fee but is based on the specific nature and impacts of the project.
A potentially narrower question presented in this case is:
Whether development impact fee statutes such as Washington's (RCW 82.02.050 et seq.), which afford substantial discretion to local officials to determine the amount of the impact fee required for a particular permit, are subject to Nollan/Dolan scrutiny under Koontz.
Whether the Nollan/Dolan doctrine applies to impact fees