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LOCAL AGENCY, REPRESENTED BY ABBOTT & KINDERMANN, PREVAILS IN PRECEDENT-SETTING CASE ON CONSTITUTIONAL CHALLENGES TO DEVELOPMENT IMPACT FEES

By Diane G. Kindermann & Glen C. Hansen on August 5, 2025
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On July 29, 2025, the California Court of Appeal issued a final ruling in Sheetz vs. El Dorado County in favor of the County on an unconstitutional takings claim. The decision, which followed a remand from the United States Supreme Court, addresses the requirements of federal constitutional law that applies to jurisdictions across the country.

Abbott & Kindermann, Inc., represented the County in this decisive win for reasonable development impact fees that are based on well-supported and generally-applied fee schedules for different kinds of development.  In a subsequent post, we will explain the holding and reasoning of the Court of Appeal’s decision.  The court’s analysis is instructive as to how impact fees can be developed and structured to comply with both the United States Constitution and California’s Mitigation Fee Act.

Along with representing litigants in such cases, Abbott & Kindermann provides guidance for local agencies in creating, amending and implementing such fee programs.

Photo of Diane G. Kindermann Diane G. Kindermann

Diane G. Kindermann Henderson is a shareholder in Abbott & Kindermann, Inc. Ms. Kindermann represents numerous private and public agency clients, development, agricultural, industrial, mining and other landowner interests in matters concerning environmental, land use, planning and zoning laws, CEQA, Federal and State…

Diane G. Kindermann Henderson is a shareholder in Abbott & Kindermann, Inc. Ms. Kindermann represents numerous private and public agency clients, development, agricultural, industrial, mining and other landowner interests in matters concerning environmental, land use, planning and zoning laws, CEQA, Federal and State Endangered Species Acts, wetlands, water rights and water quality, mineral rights, timber and forestry resources, NEPA and hazardous waste matters, including CERCLA.

Ms. Kindermann is an Executive Committee Chairperson on the Sacramento Regional Transit Authority, Friends of Light Rail Board. She is also on the Council of Counsel and Environment Committee for the Construction Materials Association of California. Ms. Kindermann is a member of the American Planning Association and has also served on the Legal Affairs Committee, and the Wetlands/ Endangered Species Task Force for the Association of California Water Agencies.

Practice Areas:

  • Land use and planning law
  • Real estate law
  • Environmental law
  • Municipal law
  • Hazardous waste
  • Mining
  • Endangered species
  • Wetlands protection

Education:

  • J.D., University of Northern California, 1988
  • Certificate, Sorbonne Law School, Paris, France, 1985
  • B.A., University of San Diego, 1977
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Photo of Glen C. Hansen Glen C. Hansen

Glen C. Hansen is Senior Counsel at Abbott & Kindermann, Inc.  Mr. Hansen litigates disputes involving land use, real estate, constitutional takings, local government law and commercial transactions.  Mr. Hansen also advises clients on matters involving real property disputes, business law, environmental law…

Glen C. Hansen is Senior Counsel at Abbott & Kindermann, Inc.  Mr. Hansen litigates disputes involving land use, real estate, constitutional takings, local government law and commercial transactions.  Mr. Hansen also advises clients on matters involving real property disputes, business law, environmental law and local government matters. He often speaks at conferences and seminars on these issues.

Mr. Hansen served as the Chairman of the Real Property Section of the Sacramento County Bar Association and the Chairman of the Governmental Affairs Committee of the Elk Grove Chamber of Commerce. He is a member of the Executive Committee of the Environmental Section of the Sacramento County Bar Association, and serves on the Agribusiness Committee of the Business Law Section of the State Bar of California. He also serves as a Dispute Resolution Conference pro-tem judge for the El Dorado County Superior Court.

Practice Areas:

  • Land use and planning law
  • Real estate law
  • Local government law, including land use and planning
  • Constitutional takings
  • Commercial transactions

Education:

  • J.D., University of the Pacific, McGeorge School of Law, with distinction, 1993
  • B.A., Biola University, summa cum laude, 1986
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  • Posted in:
    Real Estate & Construction
  • Blog:
    Land Use Law Blog
  • Organization:
    Abbott & Kindermann, Inc.
  • Article: View Original Source

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