Williamson County has finally prevailed in a three year-plus lawsuit over its authority to impose an educational impact fee onto local home builders.
The Sept. 16 order denied an appeal of the Homebuilders Association of Middle Tennessee of a previous court decision that the county has authority to collect educational impact fees.
The order marks the end to the lawsuit, concluding that Williamson County government retains its authority to enforce the educational impact fee, which went into effect March 1, 2017.
In March of this year, Judge James Martin ruled in the state appellate court to uphold a trial court's decision in favor of Williamson County government, affirming that the county has the authority to impose an educational impact fee on to the Home Builders Association of Middle Tennessee.
The HBMT later appealed the decision. Because the appeal was denied by the state Supreme Court, Martin's previous decision is upheld.
HBMT launched the lawsuit against Williamson County government July 28, 2017, claiming that the county did not have the authority to collect an impact fee from homebuilders.
Homebuilders named in the appeal include Drees Premier Homes, Inc., Ole South Properties, Inc., Regent Home. LLC, Ridgemont Homes LLC, Aspen Construction, LLC, Barlow Builders, LLC, The Jones Company of Tennessee, LLC, Ridgemont Homes, LLC and Gateway Mosby Cool Springs, LLC.
The county implemented the fee to help offset school capital debt caused by the construction of approximately one new school per year with about 10 new schools planned over the next six years.
The educational impact fee is based on the square footage of a new dwellings constructed in Williamson County and within the boundaries of Franklin Special School District.
The educational fee amount paid under protest since Sept. 9 is $17.3 million, which the county will be able to capture. The net collection of the impact fee is $60.7 million as of June 30 according to county records.
"I am very glad to get this behind us so that we can go forward," Mayor Rogers Anderson said.
"We want to help schools with capital costs and future school buildings. As new people move in to access public education there is an extra cost for them to access it so the total burden is not put on existing residents."
The typical cost to construct a new a high school is $60 million, while a middle school is $45 million and an elementary school is $25 million, approximately.
By freeing up the amount under protest, Anderson said, 16 cents could be saved toward the tax rate in new growth.
"The fee goes a long way to helping capital costs and helps to hold property taxes down," he said.
More: State Court of Appeals rules Williamson County has authority to enforce educational impact fee
More: Williamson education committee votes to up educational impact fee
More: 4 arguments builders are using to fight Williamson County education fee
More: Williamson County judge hears arguments in educational impact fee lawsuit
Kerri Bartlett covers issues affecting children, families, education and government in Williamson County. She can be contacted at kbartlett@gannett.com, 615-308-8324 or follow @keb1414 on Twitter.
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Williamson County prevails in lawsuit with homebuilders over educational impact fee - Tennessean
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