According to the settlement agreement that came before the city council this week, TMT and Fox Tower architect Thompson Vaivoda & Assoc. say they should have been exempt from $243,326 in transportation-related SDCs because some of their building permit applications were filed prior to the Dec. 13, 1999 effective date of the fee. A senior deputy city attorney countered that the applications were for an earlier version of the building that was never built, and so the project shouldn't have been vested.
After a city code hearings officer sided with the city, TMT appealed to the county circuit court, which appointed a mediator who found both sides had credible argument and suggested the settlement, which gives TMT back a little more than half of the transportation-related fees it was charged.
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