Supreme Court justices heard the case against Fort Mill school fees. What comes next?
The rule on how much new Fort Mill homes and apartments should have to pay for schools went to the South Carolina Supreme Court on Wednesday. Now opposing sides await a ruling, one that could go far beyond Fort Mill schools.
In challenging fees that increased in 2018, attorneys for the Home Builders Association of South Carolina and other local plaintiffs argued that a state law allowing development impact fees is unconstitutional. That state law is the basis for school fees in Fort Mill, Rock Hill, Tega Cay and other municipalities. York County recently passed a fee for the Clover School District. Other fees exist in high-growth areas statewide.
Justice John W. Kittredge noted Wednesday the significance of the state law question, which hangs over the legal arguments on the amount and handling of the Fort Mill school fee.
“If the (state) act is unconstitutional on its face, why would we need to determine and get into the weeds of that particular study?” Kittredge said.
The school district serves Fort Mill and Tega Cay, along with unincorporated areas like Baxter and the Carowinds corridor — all high-growth areas.
“It’s certainly true that the numbers that we’re talking about here are substantial, and as Justice Kittredge likes to say, breathtaking,” said Justice John Cannon Few. “Is there any doubt that the total numbers, the combined revenues that would be generated from these fees, are in any way disproportional?”
Kittredge got at the same question.
“Is the $18,000 development fee an accurate or inaccurate representation of the proportionate share of the new school construction necessitated by the population growth in the Fort Mill School District?” he asked.
Kittredge said it’s clear there has been tremendous growth. Proximity to Charlotte and other factors make it one of the fastest growing parts of the country, with population up 50% from 2010 to 2017, he said.
The district had a $2,500 per home or apartment unit fee dating back more than two decades. It predated the state act that now allows other schools and governments to set up fees. York County increased the school fees in 2018 to more than $18,000 per home and $12,000 per apartment.
“I don’t think there’d be any pushback that there probably needs to be a reexamination of the amount of the fee, because there is a need for new schools,” Kittredge said. “If the fee had simply been doubled to $5,000 would we be here?”
Plaintiff attorney Keith Babcock said it’s unlikely.
“As a practical matter,” he told the court Wednesday, “we probably would not.”
The court now will consider whether the state act is “unconstitutionally vague,” as Babcock argues, and in violation of due process with how questions of affordable housing should be considered. The court will look at the study that set the amounts York County could charge.
Lower court decisions sided with York County and the school district. State Supreme Court decisions can take months to reach a final decision. The most recent court opinions posted come from cases heard in September and November.
The hearing Wednesday was held online due to social distancing concerns from the COVID-19 pandemic.
This story was originally published January 13, 2021 at 2:26 PM.
