Effingham County Board of Commissioner v. Park West Effingham, L.P.
Mar 23, 2011OUTCOME: Judgment affirmed.
"The letter of credit and the minimum payment constitute pre-payment of impact fees for the purpose of retiring the county's debt with GEFA. This is not merely collateral or incidental to performance o ... f the agreement, but constitutes the entire method of calculating, collecting and enforcing payment. As such, it violates OCGA § 36-71-4(d) by requiring the pre-payment of impact fees. The trial court did not err in granting Park West summary judgment on this issue." EFFINGHAM COUNTY BOARD OF COMMISSIONERS v. PARK WEST EFFINGHAM, L.P., 708 S.E. 2d 619 (2011).