The Home Builders Association of South Carolina and the Charleston-Trident Home Builders Association have initiated legal action against Dorchester County School District 2 challenging an impact fee resulting from special legislation adopted by the General Assembly in 2009. Both associations allege that the special law, and the fee, are in violation of the Constitution of the State of South Carolina.
In 2009 the General Assembly adopted special legislation sponsored by Senator Mike Rose allowing Dorchester County School District 2 to impose a $2,500 impact fee on new homes. “We believe this violates the constitution because it gives only one school district the authority to collect the tax,” Phillip Ford, Executive Vice President of the Charleston-Trident Home Builders Association, said.
“The state’s constitution is very clear in prohibiting special legislation that applies to only one county, city, or school district,” Ford said. “It is unfortunate that we have to take this action, but it is important that all South Carolinians challenge their government when they believe their government has made a mistake,” Ford said. “We believe it is important to insure that our public schools have adequate funding to meet their needs and mandates, but we also believe that those funds should come to them from legal sources.”
“Regardless of the schools need for funding, our constitution protects citizens from this type of special legislation when a general law provides guidance for the state as a whole,” said Mark Nix, Executive Director of the Home Builders Association of South Carolina.
The lawsuit will be filed on September 29 in Dorchester County Court of Common Pleas.