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On Friday, the justices agreed to decide whether the Nollan / Dolan test applies to a California man’s challenge to a development fee, or whether – as a California appeals courtruled – the fee is instead immune from such review because it was authorized by legislation. A federal appeals courtruled that Fikre’s case was not moot.
The California federal court said the substantive legal issues in the District of Wyoming case were distinct from the procedural issues at issue in this action. A few days after the California court issued its order, NorthDakota and Texas asked the Wyoming federal court to lift a stay that the court had imposed in December 2017.
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