HBA continues to challenge an illegal Parks SDC in the City of Portland through two separate lawsuits. We received good news in January, with the Judge granting our Motion to Stay in one case, and will keep pursuing the second lawsuit on behalf of our members.
In July 2016, HBA, along with five other business, real estate and building organizations, took two legal steps to prevent the City of Portland from moving forward with an illegal Parks SDC. First, our coalition filed a motion to make the City stop implementing the increase based on a Judge’s ruling that they did not do a proper Capital Improvement Plan. Second, we appealed some pieces of the judge’s ruling that we feel did not accurately reflect State law and requirements.
Since then, this has developed into two Parks SDC lawsuits – the first because the Judge allowed an illegal SDC to go into effect under an expired Capital Improvement Plan, and the second because the city adopted a new Capital Improvement Plan midway through the first appeal. Because the City of Portland created a new Capital Improvement Plan (CPI), our coalition had to challenge both CPIs at the same time. In December, we moved to stay this second challenge; since the ongoing appeal is going to decide every issue in this case, it didn’t make sense to have the same case going on in trial court. Despite opposition from the city, in January the Judge granted our stay, meaning the second case is stayed indefinitely and we can move forward focusing on our original appeal. While this is an ideal outcome, and what we were hoping for when we filed the second challenge, our work on the first lawsuit continues. The next step is the appellate briefing where we’ll file an opening brief, the City will respond, and then we will file a shorter reply brief.
HBA will continue to pursue this matter, along with our coalition partners, through our BILD Fund – the reserve account we established and maintain to fund litigation efforts on behalf of our members. We’ll keep you apprised of additional updates as the case progresses.