Greater Atlanta Home Builders Ass'n v. City of McDonough
322 Ga. App. 627
Ga. Ct. App.2013Background
- Greater Atlanta Home Builders Association sued City of McDonough as class representative to recover July 2002–July 2003 impact fees and to recover attorney fees under OCGA § 13-6-11.
- City moratorium on development permits began July 19, 2002 under Ordinance 02-27-19, with an exemption for Moratorium Agreement signatories who paid interim fees.
- City had no impact fee ordinance before July 21, 2003, but collected approximately $370,000 in impact/interim fees during July 2002–July 2003.
- Trial court certified the class; granted summary judgment on refund of fees but denied attorney fees due to ante litem notice under OCGA § 36-33-5.
- Division of this Court overruled Dover v. City of Jackson and held ante litem notice was not required for claims for attorney fees under OCGA § 13-6-11; judgment reversed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ante litem notice is required for attorney fees under OCGA § 13-6-11 | Doyle argued ante litem notice not required. | City maintained ante litem notice under OCGA § 36-33-5 applies. | Ante litem notice not required for OCGA § 13-6-11 fees |
Key Cases Cited
- Dover v. City of Jackson, 246 Ga. App. 524 (2000) (ante litem notice misapplied to attorney fees under 13-6-11)
- City of Dabbs v. Statesboro, 289 Ga. 669 (2011) (strict construction of ante litem notice applies to personal injury/property claims)
- City of Statesboro v. Dabbs, 289 Ga. 669 (2011) (ante litem notice statute limited to injuries to person or property)
- City of McDonough v. Greater Atlanta Home Builders Assn., 302 Ga. App. XXIII (2010) (appellate decision involving impact fees)
- City of Atlanta v. Benator, 310 Ga. App. 597 (2011) (citation regarding related procedural standards)