Cherokee County v. Greater Atlanta Homebuilders Ass'n

Miller, Judge.

Greater Atlanta Homebuilders Association, Inc. challenged Cherokee County’s impact fee ordinance (per application) as unconstitutional and contrary to the enabling statute. The crux of the challenge rested on the county’s failure to impose impact fees on new developments in incorporated portions of the county even though those developments would benefit from new facilities constructed with the impact fees obtained from new developments in unincorporated portions. We hold that since statutorily the county lacked the power to impose impact fees on new developments in incorporated…