CHEROKEE COUNTY v. ATLANTA HOMEBUILDERS

Nos. A02A0234, A02A0235.

566 S.E.2d 470 (2002)

255 Ga. App. 764

CHEROKEE COUNTY v. GREATER ATLANTA HOMEBUILDERS ASSOCIATION, INC. et al. Greater Atlanta Homebuilders Association, Inc. et al. v. Cherokee County.

Court of Appeals of Georgia.

June 13, 2002.


Attorney(s) appearing for the Case

Jenkins & Nelson, Frank E. Jenkins III, Peter R. Olson, Cartersville, Robert M. Mahler, for Cherokee County.

Page, Scrantom, Sprouse, Tucker & Ford, Columbus, Deron R. Hicks, Warm Springs, George G. Boyd, Jr., Miller P. Robinson, Columbus, James A. Balli, for Greater Atlanta Homebuilders Association, Inc. et al.


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...

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