Developer Barratt American again sues Encinitas over fees
By Inspector12
Escondido,CA. -Developer Barratt American Inc. (BDEV) is suing the city for increasing building and plan-checking

fees, even as a related case remains unresolved…The city’s fees are at about the… The uniquely original New Home …

Escondido,CA. -”Developer Barratt American Inc. (BDEV) is suing the city for increasing building and plan-checking fees, even as a related case remains unresolved…The city’s fees are at about the midpoint of those charged by other cities in the region…In a related lawsuit, lawyers for the Carlsbad-based builder have argued that Encinitas charges more in fees than it spends to provide the inspection services…The high court ruled that Barratt was not entitled to refunds of fees that it had paid and that Rancho Cucamonga would not be required to audit its fee receipts to determine if revenue exceeded the cost of providing the service. Barratt could proceed, however, with its challenge of the ordinance that set the fees originally, the court ruled…Jeffrey Dunn, the attorney who represented Encinitas in the case, said Monday that the high court has sent Barratt’s challenge of Encinitas’ fees back to the Superior Court, where he would argue for dismissal at a September hearing…In December, the City Council approved the first adjustment to Encinitas’ fees in 11 years, which brought increases ranging from 13 percent to 52 percent. The increase would recover the costs of providing building and plan-check services,…’I was under the impression that working through the city attorney and (the Building Industry Association) that we had responded to all the concerns of Barratt,’ Esgate said in his message. ‘It shocks me that (Barratt) is filing the lawsuit again. If (Barratt officials) had concerns, they should have responded at the time (the city) was adopting the fees.’”…