Does 'Impact Fee' Assessed on New Construction Projects Exceed Authority of Limited Home-Rule Township?
Developers Claim Fee Constitutes an Improper 'Tax' Not Authorized by State Law
The Drees Company et al. v. Hamilton Township, Ohio, et al., Case no. 2010-1548
12th District Court of Appeals (Warren County)
ISSUE: Do the local self-government powers granted to Ohio limited home-rule townships under R.C. 504.04 include authority to assess impact fees on new construction projects within the township to cover the increased costs of providing roads, parks and police and fire protection to the newly developed properties?