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SC home builders file lawsuit over impact fees

According to the lawsuit, the move was "legally irrational" and violates due process.

YORK COUNTY, S.C. -- York County Council members are now being sued over the installation of impact fees in Fort Mill.

In a lawsuit filed by three home-builder organizations, the suit claims impact fees are unconstitutional and need to be dropped.

In the 117-page lawsuit filed Monday, each York County Council member is individually named and is accused of unconstitutionally increasing school impact fees in July.

The plaintiffs in the case include Soni Construction,LLC, Shea Homes, LLC and the state and county chapters of the Home Builders Association.

The plaintiffs are taking this fight to the state’s highest court because in their opinion impact fees are illegal.

Impact fees are being charged on new construction.

Anytime anything new is built in the area, the construction company has to pay thousands of dollars to be here.

County leaders say that prevents extra costs from being put on residents.

For more than two decades, Fort Mill’s impact fees were $2,500. Last month, the county bumped that payment up to $18,000, which is four times the national average.

According to the lawsuit, the move was “legally irrational” and violates due process. Home builders also call out Councilman Michael Johnson and the county claiming data from a consultant’s study was manipulated to recommend the higher amount.

Johnson has fired back on Facebook saying the county will “defend its actions.”


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