Home Builders Ass'n v. School District No. 2

This is an appeal from an order granting respondents’ motion for a judgment on the pleadings under Rule 12(c), SCRCP, and dismissing appellants’ complaint. Because we find issues of fact raised by the complaint that must be resolved before the constitutionality of 2009 Act No. 99(Act) can be determined, we reverse and remand for further proceedings.

The Act permits respondent School District to impose an impact fee to be paid by developers on “new residential dwelling units constructed within the school district.” Respondent Trustees adopted the impact fee by resolution effective June 23,…