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Impact Fee or Illegal Tax?

In The Drees Company, et al. v. Hamilton Township, Ohio, et al., Appeal No. 2009-11-150, currently pending before the Twelfth District Court of Appeals of Ohio, Plaintiffs — including The Drees Company, the Homebuilders Association of Greater Cincinnati, and others — are claiming that an impact fee passed in May 2007 by Hamilton Township on new construction is, in fact, an illegal tax.

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