Wilsonville Subaru v. City of Wilsonville

Under Wilsonville City Code 11.040(5)(e), developers may request alternative calculations of system development charges based on special or unique factors while the development is “in the process of receiving city approval.”

Wilsonville Subaru appealed a writ of review proceeding where their appeal seeking reimbursement for System Development Charges (SDC) was found untimely. On appeal, Wilsonville Subaru argued Wilsonville City Code (WC) 11.040(5)(e) permitted requests for reimbursement of SDCs after beginning operations, and the right was not limited by WC 11.040(10) because measuring the “actual impact” of a business before beginning operations was not possible. In response, the City argued developers must initiate (5)(e) actions between approval by the systems development review board and the issuance of a building permit; under WC 11.040(10) any appeal to the city council must occur within ten days of final SDC assessment. Under WC 11.040(5)(e), developers may request alternative calculations of SDC based on special or unique factors while the development is “in the process of receiving city approval.” The Court found that WC 11.040(5)(e) permitted alternative fee calculations, —not reimbursements—and “actual impact” refers to the projected impact considering “special or unique factors” as opposed to the standard impact projection. The Court further construed the phrase “under consideration” to limit alternative calculation requests to developments that have not “completed the [city’s] development process.” The Court reasoned that because Wilsonville Subaru could not seek reimbursement based on (5)(e), the city council properly dismissed the appeal as untimely as it was more than ten days after the final SDC assessment. The Court, however, explained that because the trial court granted summary judgment to the City on the basis that Wilsonville Subaru did not raise a (5)(e) claim and not because the “appeal was untimely under subsection (10)[,]” the case required remand. Reversed and Remanded.