Home builders seek $30 million from DeKalb County

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Posted 8:24AM on Wednesday, June 5, 2002

DECATUR - The Greater Atlanta Home Builders Association will ask a federal judge to order DeKalb County to set aside $30 million for home and office builders who say they were overcharged for building permits. The 11th U.S. Circuit Court of Appeals on Monday upheld a trial judge's decision that the suburban Atlanta county has been illegally collecting excessive fees. ``This is the dirty little secret of local government in Georgia,'' said Columbus lawyer Deron Hicks, who represents the home builders association. ``It's been a way DeKalb has been able to raise a little more money.'' In addition to seeking compensation, the association will ask U.S. District Judge G. Ernest Tidwell in Atlanta to order the county not to overcharge again, Hicks said. State law requires local governments to impose regulatory fees that are equivalent to the costs of electrical, heating and air, building and plumbing inspections. In September, Tidwell found the revenue generated by DeKalb's permit fees during the years in question exceeded the total cost of the services by more than $10.5 million. Richard Stogner, DeKalb executive assistant, disputed the $30 million figure but said county commissioners voted to raise the fees five years ago and hire new staffers. ``The commissioners increased the fees but didn't increase the staffing,'' Stogner said. Chief Executive Officer Vernon Jones has already addressed a chief complaint of home builders by hiring additional county staffers to handle permits and inspections, Stogner noted. The county's current building permit fee is $5 per $1,000 of building value. From 1997 to 2000, it was $3. DeKalb's appeal of Tidwell's ruling asked the court to take into consideration that the county's Development Department operated at a deficit from 1990 to 1997. The appeals court upheld Tidwell's decision without comment. Hicks, the lawyer representing the home builders association, noted that Tidwell's order applies only to permits issued through 2000, the year the association filed suit against the fees. ``We'll have to figure out how to address the last two years,'' Hicks said.