Fairfield Resident Challenges City's Handling of Unlawful Assessment Fees

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A Fairfield resident whose lawsuit led to an appellate court ruling that the city unlawfully raised assessment fees is now pressing city leaders to take more comprehensive action, including refunding four years of fees to affected property owners. In a sharply worded letter, David Thacker argues the city's legal exposure extends beyond the single district at issue in his case and warns that failing to act decisively could invite further litigation.

Why it matters

The city of Fairfield is facing significant financial pressure, with an $11.1 million structural deficit, as it grapples with how to address the court ruling on assessment fees. Thacker's letter challenges the city's approach and could force a more expansive and costly response, further straining the city's budget.

The details

Thacker's letter contends that many of Fairfield's other assessment districts may suffer from similar legal deficiencies, including noncompliance with Proposition 218 requirements. He strongly endorses refunding four years of assessments to affected property owners, directly countering staff warnings that such refunds could exceed $5 million. Thacker also criticizes the city's handling of legal guidance in prior years, noting discussions in 2019 and 2023 when concerns about compliance were dismissed.

• In 2019 and 2023, Fairfield city officials dismissed concerns about LLMD compliance.
• In a recent appellate court ruling, the city of Fairfield was found to have unlawfully raised assessment fees.

What they’re saying

What’s next

The Fairfield City Council is scheduled to meet on Tuesday to provide direction on how to address the court ruling and Thacker's letter, which could significantly impact the city's finances.