Local HBA Wins Impact Fee Case

Advocacy
Published
Contact: Karl Eckhart
[email protected]
VP, State & Local Government Affairs
(202) 266-8319

On Feb. 4, a judge ruled in favor of the Greater Atlanta Home Builders Association (GAHBA) and its members regarding the improper increase of impact fees in 2022 (Ordinance 22-05) and 2024 (Ordinance 24-06) in Henry County, which is located about 30 miles south of Atlanta.

“This ruling validates the concerns that the development community has had for years, as it relates to the questionable tactics used to inflate fees that builders pay to local jurisdictions," said GAHBA President, James Nash of Heatherland Homes. 

The Henry County Superior Court issued several orders, including:

  • Improper fees collected since Feb. 2, 2023, are to be repaid by the Henry County to the feepayer.
  • GAHBA will be awarded all attorneys’ fees and litigation expenses.
  • Henry County is prohibited from further enforcing Ordinance(s) 22-05 and 24-06.

The case stemmed from GAHBA’s position that Henry County officials did not take the appropriate steps to update its impact fees in accordance with the Georgia Development Impact Fee Act (DIFA). After GAHBA asked the county to delay implementation based on deficiencies in the methodology behind the ordinance, the county rejected GAHBA’s request. In response, the association pursued legal action.

The association felt it was prudent to file a lawsuit on behalf of its members. Henry County and other counties and municipalities should be held accountable for operating in accordance with the process expressed in DIFA.

GAHBA’s Builder Action Fund provided financial support for the case. The association created the fund for important legal cases and to improve the legal and regulatory climate for builders in the Greater Atlanta area.

"We are grateful for the support from our members that contribute to the GAHBA Builder Action Fund that allows us the resources to address these issues," said Nash.

Subscribe to NAHBNow

Log in or create account to subscribe to notifications of new posts.

Log in to subscribe

Latest from NAHBNow

Housing Affordability

Aug 14, 2025

NAHB Spotlights Housing Affordability Issues at National and Local Level

NAHB and the Building Industry Association of Washington (BIAW) recently spotlighted housing affordability struggles at both the local and national level in a two-part series titled “Washington to Washington: The Housing Crisis.”

Education | Remodeling

Aug 13, 2025

How Remodelers Can Capitalize On The State of The Housing Market

The housing affordability crisis in conjunction with an aging housing stock are signaling a high demand for remodels. With nearly half of owner-occupied houses in the U.S. built before 1980, home owners are choosing to invest in updating their current homes, making this the perfect time for remodelers to market themselves.

View all

Latest Economic News

Economics

Aug 14, 2025

Building Material Prices Rise in July

Prices for residential building materials rose again in July, marking the largest year-over-year increase in over two years. The underlying price growth trend remained the same, with service prices continuing to grow at a faster pace than goods prices. Similar to last month, parts for construction machinery and metal molding/trim experienced significant price growth, as both increased over 25% compared to last year.

Economics

Aug 13, 2025

U.S. Economy Rebounded in Second Quarter

Real GDP growth rebounded in the second quarter, driven by a turnaround in the trade balance and stronger consumer spending.

Economics

Aug 12, 2025

Student Loan Balances Rise

Overall consumer credit continued to rise in 2025, but the pace of growth remains slow. Student loan balances also rose year-over-year as borrowers resumed payments following the end of pandemic-era relief.