William Cornwell (Counsel for FVP Miami Lakes LLC)
Cynthia Angelos (Co-counsel)
Howard Weiss (Partner)
Appeal Context:
Declaratory judgment action regarding $4 million in traffic, water, and sewer impact fees paid in 2005 for a proposed development in Indian River County.
Seeks declaration that Indian River County Code Section 20.08 is invalid for imposing monthly water and sewer charges on unconnected properties.
Background of the Case
Client Acquisition:
FVP acquired the property from Lenar, who paid impact fees upfront.
FVP took an assignment of rights to recover potential impact fees.
Development Plans:
Original plan included construction of 462 single-family homes.
Plans did not receive final approval and there is no legal possibility of construction.
No impact on county's water or sewer systems since impact fees were paid.
Key Issues Raised
Service Availability Charges:
Since March 2005, the county levied $10,000/month service availability charges on properties not connected to county water/sewer.
Charges accumulated to over $1.4 million as a lien on the properties.
Legal Arguments:
No evidence of benefit conferred by the county; no service provided.
Previous case law indicates validity of service charges only when connected to the service.
Separation of Fees:
Discussion of separating initial impact fees from ongoing assessments.
Monthly service charges as distinct from the initial impact fees.
Legal Precedents Cited
Key Cases:
Cardillo vs. Florida Keys Aqueduct Authority:
Case illustrates no Nexus between fees and benefits; court ordered refunds based on lack of lawful fees.
Florida Supreme Court:
Establishes need for dual rational nexus to justify impact fees.
County's Argument
Eric Olson (Director of Utilities):
County expanded wastewater and sewer systems based on the fees paid by Lenar.
Reservation of Capacity:
County argues that capacity is reserved for the properties, which provides a benefit even if not connected.
Statute of Limitations:
Argument that limitations on fee challenges begin when fees were paid.
Importance of certainty for utility management.
Conclusion
FVP Miami Lakes Position:
Fees paid were involuntary; no service was provided to justify ongoing charges.
Request court to recognize lack of legal basis for continued fees and order refunds.
Indian River County Position:
Fees are valid based on capacity reservations and necessary maintenance for infrastructure.
Maintain that fees are equitable and provide overall benefit to the community.