Legal Opinion

Drees Co. v. Hamilton Township

Ohio Supreme Court

Decided May 31, 2012No. 2010-1548PublishedCited by 14 opinions

1Opinion of the CourtPfeifer, J.

{¶ 1} In this case we consider whether Hamilton Township, a limited-home-rule township, was authorized under Ohio law to impose its system of impact fees upon applicants for zoning certificates for new construction or redevelopment within its unincorporated areas. We hold that the impact fees operated as taxes; thus, Hamilton Township was not authorized to impose them pursuant to R.C. 504.04(A)(1).

Factual and Procedural Background

{¶ 2} Appellee Hamilton Township is a township that has adopted a limited-home-rule government, as defined by R.C. Chapter 504, and is located in Warren County. It…

2Cases cited11 opinions

  1. Home Builders Ass'n of Mississippi, Inc. v. City of MadisonCourt of Appeals for the Fifth Circuit · 1998
  2. San Juan Cellular Telephone Company, Etc. v. Public Service Commission of Puerto RicoCourt of Appeals for the First Circuit · 1992
  3. Bidart Brothers, a California Corporation v. The California Apple CommissionCourt of Appeals for the Ninth Circuit · 1996
  4. Norman Quincy Wright v. Jerry McClain DirectorCourt of Appeals for the Sixth Circuit · 1987
  5. Eastern Diversified Properties, Inc. v. Montgomery CountyCourt of Appeals of Maryland · 1990

6 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Athens v. McClain (Slip Opinion)Ohio Supreme Court · 2020
  2. Northeast Ohio Regional Sewer Dist. v. Bath Twp.Ohio Court of Appeals · 2013
  3. Fairfield Twp. Bd. of Trustees v. Testa (Slip Opinion)Ohio Supreme Court · 2018
  4. Village of Maineville, Ohio v. Hamilton Township Board of TrusteesCourt of Appeals for the Sixth Circuit · 2013
  5. Hiznay v. Boardman Twp.Ohio Court of Appeals · 2017

9 more not listed; retrieve them via the Exa API.

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