Legal Opinion

Homewood Village, LLC v. Unified Government of Athens-Clarke County

District Court, M.D. Georgia

Decided September 18, 2015No. CASE NO. 3:15-CV-23 (CDL)PublishedCited by 2 opinions

1Opinion of the Court

ORDER

' CLAY D. LAND, CHIEF U.S. DISTRICT COURT JUDGE, MIDDLE DISTRICT OF GEORGIA

The Unified Government of Athens-Clarke County (“Athens-Clarke”) enacted an ordinance that imposes a charge on property owners for a stormwater management program. Plaintiffs, who have been assessed with charges under the ordinance, allege in their Complaint that the charge is an unconstitutional tax, and that by collecting the unconstitutional tax, Athens-Clarke is violating their rights under the Takings Clause of the Fifth Amendment and the Due Process Clause and Equal Protection Clause of the Fourteenth…

2Cases cited15 opinions

  1. Home Builders Ass'n of Mississippi, Inc. v. City of MadisonCourt of Appeals for the Fifth Circuit · 1998
  2. Dolcie Lawrence v. Peter Dunbar, United States of AmericaCourt of Appeals for the Eleventh Circuit · 1990
  3. Fair Assessment in Real Estate Assn., Inc. v. McNarySupreme Court of the United States · 1981
  4. Tomas Menchaca and Wife, Irma Menchaca v. Chrysler Credit CorporationCourt of Appeals for the Fifth Circuit · 1980
  5. California v. Grace Brethren ChurchSupreme Court of the United States · 1982

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3Cited by2 opinions

  1. Norfolk Southern Railway v. City of RoanokeCourt of Appeals for the Fourth Circuit · 2019
  2. Norfolk Southern Railway v. City of RoanokeCourt of Appeals for the Fourth Circuit · 2019

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