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ULCT board agrees to start process for possible amicus participation in impact-fee case
Summary
The board authorized staff to begin the process of evaluating whether the League should sign on to or otherwise participate in an amicus brief in a Salt Lake City impact-fee court case. Staff recommended signing on to a draft being prepared by other parties but will return with the brief for final approval.
Board members directed staff to begin the formal process of evaluating participation in an amicus brief concerning a Salt Lake City impact-fee case. The case concerns whether a city may spend impact fees collected under one facilities plan on system improvements identified only in a subsequently adopted impact-fee facilities plan.
Staff outlined the options: sign on to an amicus brief drafted by other entities, intervene as a party, or prepare an independent brief. Because other groups (including the Utah Association of Counties and the Utah Insurance Pool) are preparing a draft, staff recommended the least-cost approach of signing on to an existing draft if its position aligns with ULCT interests. Staff cautioned that drafting an original brief would require outside counsel and higher costs.
The board voted to start the process: staff will receive the principal brief when filed, review the amicus draft when available, and return to the board for final approval before signing on. Staff noted the principal brief timeline drives the amicus schedule and that the amicus is due in June.
What happens next: staff will coordinate with partners preparing the amicus, review the draft brief for alignment with ULCT policy, estimate any cost and staffing needs if deeper involvement is requested, and bring a recommendation back to the board before signing.
