Dear Editor,
[Re: Film studio wins lawsuit, 91原创 Advance Times, June 25]
I am writing regarding the recent article.
This article misrepresents the scope and importance of Justice Coval's court ruling against "CAC" development fees 鈥� the primary development fees the Township has been collecting to fund new community amenities. This doesn't just affect one film studio 鈥� the court order declares this entire fee policy "invalid" and as such unenforceable against any developer.
Every current development application subject to these fees can now legally refuse to pay them. The Township has no legal authority to collect these fees from anyone until they create a new, legally compliant policy.
The timing couldn't be worse. The Township has borrowed hundreds of millions of dollars for projects: the Soccer Campus, new arenas at the LEC and more. This could take months to resolve 鈥� the legally prescribed alternative, "ACCs", require public consultation and have more stipulations on how they can be collected and spent which could cause further disruption. The Township was (and is) depending on these fees to service the debt, and is now left without a legal way to collect them.
We can't just pretend everything is fine. We don't know if developers will "play nice" and continue to pay fees without legal obligation to do so. Some development applications might have to go through without paying fees. We also have no idea what will be allowed under the new policy. With all this uncertainty in mind, I was alarmed to see council authorize another $100 million in borrowing the following Monday after this ruling.
There's a real possibility taxpayers could be on the hook for servicing the debt, whether or not this is resolved. We have no way to know if there will be enough development activity to generate the fees needed to pay back this debt in a timely fashion. This is a warning sign that demands accurate reporting and informed residents. We can only hold council accountable for risky financial decisions when we understand what's actually at stake.
James Hansen, Walnut Grove
