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HOME BUILDERS ASSN. OF DAYTON & THE MIAMI VALLEY v. CITY OF BEAVERCREEK

No. 98-2572.

89 Ohio St.3d 121 (2000)

HOME BUILDERS ASSOCIATION OF DAYTON AND THE MIAMI VALLEY ET AL., APPELLEES, v. CITY OF BEAVERCREEK, APPELLANT.

Supreme Court of Ohio.

Decided June 14, 2000.

Attorney(s) appearing for the Case

O'Diam, McNamee & Hill, L.P.A., Michael P. McNamee and Cynthia P. McNamee, for appellee Home Builders Association of Dayton and the Miami Valley.

Taft, Stettinius & Hollister, L.L.P., Thomas R. Schuck and Robert B. Craig, for appellee Barbara B. Weprin, Trustee, The Beerman Corporation, and Midwest Realty Management Company.

Calfee, Halter & Griswold, L.L.P., Mark I. Wallach and Julie A. Harris; David L. Eubank, for appellant.

Christopher Senior, pro hac vice, urging affirmance for amici curiae, National Association of Home Builders and International Council of Shipping Centers.

Patricia S. Eshman, urging affirmance for amicus curiae, Ohio Homebuilders Association.

Kelley, McCann & Livingstone, L.L.P., Thomas J. Lee and Renee B. Weiss, urging reversal for amicus curiae, Cuyahoga County Law Directors' Association.

Barry M. Byron and Stephen L. Byron, urging reversal for amicus curiae, Ohio Municipal League.

MOYER, C.J.

The issue presented by this appeal is whether Beavercreek Ordinance 93-62, as amended, which establishes a system of impact fees payable by developers of real estate to aid in the cost of new roadway projects, is constitutional. For the following reasons, we hold that the ordinance is constitutional.

It is well established that "[m]unicipalities shall have authority to exercise all powers of local self-government and to adopt and enforce...

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