Impact Fees: Judge Rules in York County’s Favor

 

YORK COUNTY, S.C. (CN2 NEWS)  Judge William McKinnon sided with York County and the Fort Mill School District against home-builders in the impact fee lawsuit, school officials say.

In 2015, the Fort Mill Town Council implemented impact fees on new construction permits within the Fort Mill School District.  In 2018, in conjunction with the school district, York County voted to increase those impact fees.  The county justified the fees by saying money is needed to keep up with growth, adding it is within the law to do it.

But home-builders were not happy, calling the increase unreasonable, and they filed a lawsuit against the state and the county.

Since the lawsuit, the school district has collected money but hasn’t spent any of it. So far, the school district says $22,447,046 has been collected in impact fees.

Fort Mill Mayor Guynn Savage sent the following statement to CN2 News:  “We support the Fort Mill School District and their continued efforts to be the most valuable resource that they can be for our community and our future.”

The school district quoted Judge McKinnon saying: “There are many ways to fund public schools. The South Carolina General Assembly offered an impact fee as one option, and the York County Council accepted the offer and implemented the highest impact fee their report justified. The only question for this Court is whether these actions are unconstitutional. The Court finds they are not.”

The builders could appeal the decision.

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