We represented a national homebuilder in a dispute regarding the applicability of a new school impact fee ordinance. We argued the ordinance failed to comply with the South Carolina Development Impact Fee Act and the fees were not applicable to our client’s development. Among other things, we argued the fees were prohibited by our development agreement with the county and the project was vested against the application of these new fees. Our litigation and advocacy resulted in county council’s repeal of the impact fee ordinance and a full refund of the disputed fees. This positive result came less than a year after the impact fee ordinance was enacted.
