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

Economics

Sep 24, 2025

New Home Sales Post Unexpected Large Gain in August

Sales of newly built single-family homes jumped 20.5% higher in August, to a seasonally adjusted annual rate of 800,000 from an upwardly revised reading in July, according to newly released data from the U.S. Department of Housing and Urban Development and the U.S. Census Bureau. The pace of new home sales is up 15.4% from a year earlier. The three-month moving average of new home sales was 713,000, an increase from the 656,000 in July. New home sales remain down 1.4% on a year-to-date basis.

Membership | Legal

Sep 23, 2025

NAHB Members: Join the Housing Industry’s Attorney Network

Doing business with fellow members is a core value of the NAHB Federation. To strengthen that commitment, NAHB is building a network of attorney members to assist peers with legal issues.

View all

Latest Economic News

Economics

Sep 24, 2025

Single-Family Construction Loan Volume Falls Back

The NAHB Land Acquisition, Development and Construction (AD&C) loan survey in the second quarter reported tightening credit conditions for builders. Consequently, FDIC data reporting the outstanding volume of 1-4 family construction loans fell in the second quarter.

Economics

Sep 23, 2025

Beyond the Official Unemployment Rate: A Deep Dive into U.S. Unemployment

In August, the official, or standardly referenced, unemployment rate rose slightly to 4.3%, up from 4.2% in July. This marks the highest level in nearly four years, though it remains historically low.

Economics

Sep 22, 2025

Single-Family Homes Are Built Faster in 2024

Building a new single-family home took less time in 2024 compared to the previous two years. On average, it now takes 9.1 months from start to finish.