Case: Homewood Associates Inc., et al. v. Unified Government of Athens-Clarke County, Georgia, No. 25-1090
Lower Court: Georgia
Docketed: 2026-03-17
Status: Pending
Question Presented: Does the Takings Clause apply to municipal ordinances imposing fees on classes of property outside the permitting context? If the answer to Question 1 is yes, does the Nollan/Dolan framework govern the analysis of such fees?
On March 13, 2026, petitioners filed a petition for certiorari asking the Supreme Court to address whether the Takings Clause reaches municipal fee ordinances imposed on broad classes of property owners, not merely on individual permit applicants. The filing follows a time extension granted by Justice Thomas, pushing the deadline from February 11 to March 13.
Petitioners, represented by Peter Bowman Rutledge, challenge municipal fee ordinances under the Takings Clause.
The legal question is whether Nollan v. California Coastal Commission and Dolan v. City of Tigard extend beyond the individual permitting context to legislatively imposed fees affecting entire property classes.
If the Court grants certiorari, the decision could affect how local governments structure fee programs tied to property characteristics. The petition is at an early stage with no amicus activity yet, and the response is due April 16, 2026.