Henry County Chief Superior Court Judge Brian Amero invalidated the Henry County development impact fee scheme because it was “fatally flawed,” according to the February 5, 2025 order.  He ordered the County to immediately stop charging the illegal impact fees, pay back those the County wrongfully charged since 2023 (over $14 million in disgorgement), and pay the plaintiffs’ attorneys’ fees and costs, which amount to over another $500,000 due to the County’s bad faith and stubborn litigiousness.

Lead counsel Simon Bloom observed, “ This is a monumental result and the only one we know of in this arena.  We gave the County several opportunities to correct their errors and they hunkered down instead.  We are thrilled for the message this sends to municipalities that irresponsibly wield their power to tax and are very proud of the Greater Atlanta Homebuilders Association for having the courage and fortitude to stand up for what is right.”

2.5.25 Order on Parties’ Cross Motions for Summary Judgment