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Home Builders Assoc. of Savannah Inc. v. Chatham County

A question of material fact remained as to whether the county's fees related to real estate development were disproportionate to the services rendered.

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Home Builders Association of Savannah, Inc. sued Chatham County alleging that certain fees charged by various county departments for the issuance of building permits, and other fees related to real estate development, exceed the true cost of services for which the fees are charged and are not rationally related to cost of the services being provided. The multi-count complaint alleged an illegal tax; a deprivation of property without due process of law under both the Georgia and Federal Constitutions; a violation of OCGA § 48-13-9 a regulatory fee must approximate the cost of regulatory activity performed; and violation of the Georgia Development Impact Fee Act, OCGA § 36-71-1 et seq. The County denied that the fees are disproportionate to the services rendered, as well as all other allegations in the complaint.

Cross-motions for summary judgment were filed. Based solely on the written submissions of the parties, the trial court granted summary judgment to the County, and denied summary judgment to Home Builders. Because material issues of fact remain to be decided in order to resolve the parties’ claims, we reverse the grant of summary judgment.

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