Oconee County Asks Court To Dismiss Suits Filed Over Sewer Capacity Fee Refunds

Oconee County is asking the Superior Court to dismiss the three suits filed against it challenging the county’s right to refund unused sewage capacity fees, stating that the decision to issue the refunds was in full compliance with state laws and the county’s zoning and related ordinances.

The county also claims that the actions of the commissioners in voting to refund sewage capacity fees paid developers of two large, dormant subdivisions “were a proper and legal exercise of discretion as government officials and do not breach any rights” of the property owners.

In addition, the county is claiming that the members of the Board of Commissioners, named as defendants in the suit, are entitled to “sovereign immunity.”

Buford attorney Thomas Mitchell on April 4 filed in Oconee County Superior Court the county’s answers to the suits by the owners of Westland and Parkside, large master planned residential developments that had purchased but not used sewage capacity from the county.

For more on the story, go to Oconee County Observations.