ULCT board delegates decision on joining amicus briefs in impact‑fee case to executive officers

The Utah League of Cities and Towns board voted on June 22 to delegate to its executive officers the authority to decide whether the League should join amicus briefs in an appellate case addressing the use of impact‑fee revenue.

Staff explained the legal question before the appellate court is "whether cities can use spent impact fees collected under one impact fee facility plan for projects that were included under a later amended plan." Board members heard that the principal brief for Salt Lake City is expected July 7 and that amicus briefs must be filed within seven days after that principal brief; two potential amicus filings of interest were from the International Municipal Lawyers Association (IMLA) and Provo City, but both drafts were still being finalized.

Given the compressed timeline, Councilmember Eggbert moved — and the board seconded and approved — a delegation allowing executive officers and counsel to review the draft amicus briefs (not yet available) and decide whether the League should join. Board members discussed the merits of the different briefs: IMLA would respond to an opposing amicus already filed, while Provo City's brief focuses on a technical interpretation of the impact‑fee act and on reimbursement issues if a negative court ruling occurs.

Staff said the executive officers will consult League counsel, review any Provo or IMLA drafts when available, and report their decision back to the board. The delegation preserves members’ chance to weigh in but enables timely participation if filing deadlines fall before the next full board meeting.