Barajas v. City of Petaluma (A165258)
The Mitigation Fee Act (MFA) (Government Code section 66001) requires local agencies to adopt five-year findings to account for balances of development impact fee proceeds held for more than five years. The findings are to be included in the agency’s annual reports and must be filed within 180 days of the end of the fiscal year. CSAC argues in this case that the timing requirements are timing requirements are directory versus mandatory, and therefore plaintiffs are not entitled to a $36 million mitigation fee fund refund where the report was filed two months late. CSAC’s brief was drafted by Michael Colantuno and Jon diCristina at Colantuono, Highsmith & Whatley in Grass Valley.
