This appeal arises out of a dispute between appellants City of Hoschton, Georgia, and its mayor, Bill Copenhaver and appellees Horizon Communities, LLC, Gary Olsson Properties, LLC, and their principles, Kenneth and Kelley Gary collectively “Horizon”. The city appeals from the trial court’s judgment directing the mayor and city to pay Horizon $191,631 for the construction of the Brook Glen pump station the BGPS, plus costs and attorney fees. As found by the trial court, in 2004 the city determined certain improvements were necessary for its public sewer system. The city entered into discussions with Horizon, whereby Horizon would construct a new sewer pump station sufficient to serve certain of Horizon’s proposed developments, but which also would be sufficiently large to serve other developments and properties. In return, Horizon would recoup the portion of its investment serving other developments and properties by cost sharing with other developers and receiving payments from the city through future sewer connection and tap fees. Based on these discussions, in 2005 the city attorney drafted and the city council passed an ordinance with regard to Horizon’s proposed Brook Glen subdivision. The ordinance provided, in pertinent part: Developer shall be responsible and pay for all costs for infrastructure sewer improvements that serve the development. Sewer design shall be approved by the city engineer. Developer shall dedicate the new sewer infrastructure to the city but reserves the right to recoup a portion of the investment from subsequent development on a lot tap basis on or before June 6, 2010. The city engineer approved Horizon’s design of the BGPS to handle the Brook Glen subdivision plus several other specified development projects, including Creekside Village, and the pump station was constructed according to that plan.
In May 2006, Elite Development filed an application with the city for the zoning of Creekside Village and at the suggestion of the city engineer began negotiations with Horizon for access to the BGPS. In September, however, the city planner told Elite that in order to receive zoning approval it had to pay the city, not Horizon, a $200,000 connection fee and that a different pump station would be upgraded to serve Creekside Village. In November 2006, the city approved the zoning for the development of Creekside Village. The city imposed, as a condition to zoning, the following condition: Developer is to contribute $200,000 toward the upgrade of a lift station off-site which will serve the Elite development and other Hoschton residents; the design and connection point are to be approved by the planning director and the city engineer. The city quickly began to flow Creekside Village sewage into the BGPS, which Horizon was building. The city then abandoned its other pump station, the one it agreed to upgrade in order to serve Creekside Village. Elite paid the city the $200,000 fee after being assured by the city planner that it was not required to pay Horizon. The city also collected an additional $85,000 in tap fees for homes in the Brook Glen subdivision that are being served by the BGPS.
