Wilsonville Subaru bringing lawsuit against City
The owners of Wilsonville Subaru have filed a lawsuit against the City of Wilsonville, claiming the City overcharging them in system development charges (SDC) for the new Wilsonville Subaru that opened in December of 2016 in the Old Town neighborhood.
DJ & BL Enterprises, Inc. and Lanphere Construction, owners of Wilsonville Subaru, filed a Petition for Writ of Review with the Clackamas County Circuit Court Sept. 13. The lawsuit claims that when the City calculated Wilsonville Subaru's SDCs for transportation and stormwater impacts using the "standard methodology," it charged them nearly five times more — $910,480 — than what the development's actual impact was.
Subaru sent the City a letter in February citing the City's code, WCC 11.040(5)(e) Section 5(e), which states that the standard methodology is based on average conditions and that "whenever the impacts of individual developments present special or unique situations such that the calculated fee is grossly disproportionate to the actual impact of the development," a recalculation can be requested.
Through its own calculations, Subaru claims that its SDC should be $194,510 and that the City owes them a refund of $715,970.
The City denied Subaru's appeal request in a letter dated May 24, citing that the request wasn't submitted in a timely manner and that the appeal was dismissed. However, Subaru asserts that another piece of code, Section 10, which refers to timeliness of appeals, only applies to appeals made to the City Council and not the City, making its appeal valid and leading to the current Writ of Review suit.