Homewood Village, LLC v. Unified Government of Athens-Clarke County

The Unified Government of Athens-Clarke County adopted a Stormwater Utility Ordinance in 2004. Pursuant to the Ordinance, a stormwater utility and stormwater enterprise fund took effect in 2005, and landowners were required to pay certain fees based on their estimated relative contribution to stormwater runoff problems. Despite Unified Government sending Homewood Village, LLC a quarterly stormwater utility bill, Homewood Village did not pay any of their bills since the inception of the program. In 2010, Unified Government sued Homewood Village to recover, among other things, the unpaid fees. In 2011, Homewood Village filed a counterclaim for declaratory judgment, arguing that the Ordinance was an unconstitutional tax which could not be assessed involuntarily. The Superior Court granted Homewood Village’s motion for partial summary on its contentions that : (1) Unified Government could not collect unpaid fees under a theory of unpaid account; and (2) Unified Government had not established any of the elements necessary to establish a claim for quantum meruit. In Case No. S12A1836, Homewood Village appealed the trial court’s ruling that the Unified Government was authorized to collect stormwater fees from Homewood Village pursuant to its Ordinance, and in Case No. S12X1837 the Unified Government appealed the trial court’s rulings in favor of Homewood Village on the issues of unpaid account and quantum meruit. In Case No. S12A1836, the Supreme Court affirmed the trial court’s conclusion that the Ordinance imposed a permissible fee and properly granted summary judgment to the Unified Government on its claim to collect the unpaid fees. The Court vacated the judgment in Case No. S12X1837 in light of the trial court’s correct decision to grant summary judgment to the Unified Government, Homewood Village’s argument relating to quantum meruit or open account was rendered moot.

Homewood Village, LLC v. Unified Government of Athens-Clarke County