Georgia Supreme Court Upholds Athens-Clarke's Stormwater Fee
Homewood Village has reignited a legal battle over Athens-Clarke County's stormwater utility charge. The Supreme Court of Georgia recently weighed in, upholding the fee's constitutionality. The case has a history dating back to 2010, with the latest challenge coming from Homewood Village and eight other developers.
The charge, implemented in 2005 to meet stricter federal stormwater runoff requirements, was first challenged in 2010 by Homewood Village in a case known as 'Homewood I'. The Supreme Court of Georgia ruled in 2013 that the fee is not a tax and does not constitute an 'unconstitutional taking'.
Chief Justice Nels Peterson concurred with the decision but raised concerns about charges resembling taxes evading constitutional restrictions. He suggested that future charges should conform to the uniformity requirement of the Georgia constitution. Justice Sarah Hawkins Warren, in her concurring opinion, noted that the fee provides a special benefit to payors.
The Supreme Court's recent decision upholds the constitutionality of Athens-Clarke County's stormwater utility charge. Homewood Village and eight other developers have rechallenged the fee in federal and state courts, but the legal landscape remains uncertain. The case highlights ongoing debates about the nature of such fees and their compliance with constitutional requirements.
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