According to published reports, the response filed on behalf of six current and one former York County Council members arrived in York County civil court on Monday.
The response follows a complaint by homebuilder groups and two construction companies claiming impact fees should be illegal and the one charged for the Fort Mill school district arbitrarily raised prices to create a de facto building moratorium.
Attorneys representing the Home Builders Association of South Carolina, Home Builders Association of York County, Shea Homes and Soni Construction tried to file suit with the state supreme court.
The case was referred to the county civil court, where attorneys filed Sept. 11. The county response states Councilman Michael Johnson, made a motion in April 2016 to suspend applications for residential construction in the county’s portion of the Fort Mill school district.
According to the response, the motion failed, denying the homebuilder groups’ assertion the county then turned to raising impact fees as a “pretext for a moratorium on building.”
The impact fee involves all new residences within the school district, including Fort Mill, Tega Cay and unincorporated parts of the county.
The school board in Fort Mill has stated on numerous occasions that they don’t plan to use money tied up in litigation. The board also voted to increase the tax rate after stating publicly a higher impact fee would lower the tax burden on existing residents.