Land Use attorney Stacy Silber recently commented to NAIOP about two Supreme Court rulings and their potential impact on the commercial real estate industry.

In “Regulations and impact fees upended in court rulings” published on September 18, 2024, Silber commented on both the Loper decision (the Court overturned the 1984 Supreme Court ruling in Chevron v. Natural Resources Defense Council) and the Sheetz decision, where the Court unanimously decided for California homeowner George Sheetz in his challenge of the constitutionality of a $24,000 traffic impact fee he was required to pay to build his home.

Regarding Loper, the article states that the “ruling effectively enables a challenge to any federal law that has been interpreted by an agency at the time a permit or other project entitlement is denied or subjected to a conditional approval.”

On that point, Silber said those agencies’ interpretations and expertise will still be considered in future court challenges, but “the weight that judges place on those interpretations and opinions will depend, in part, upon the thoroughness evident in the agency’s consideration of a statute.”

On the Sheetz case, Silber pointed out that it “opens the door for people to challenge legislative decisions, to challenge impact fees on new developments on whether they are set through reasonable formulas and schedules.”

You can read the full article here ($): Regulations and impact fees upended in court rulings.

Stacy Plotkin Silber is a seasoned land use attorney who helps residential and commercial developers, national retailers, senior and affordable housing providers, and property owners navigate zoning approvals in Montgomery and Prince George’s Counties in Maryland.