DREES CO. v. HAMILTON TWP.

No. 2010-1548.

132 Ohio St.3d 186 (2012)

2012-Ohio-2370

DREES COMPANY ET AL., Appellants, v. HAMILTON TOWNSHIP ET AL., Appellees.

Supreme Court of Ohio.

Decided May 31, 2012.


Attorney(s) appearing for the Case

Keating, Muething & Klekamp, P.L.L., Joseph L. Trauth Jr. , Thomas M. Tepe Jr. , and Charles M. Miller ; and Aronoff Rosen & Hunt, Richard A. Paolo , Kevin L. Swick , and Edward P. Akin , for appellants.

Rendigs, Fry, Kiely & Dennis, L.L.P., Wilson G. Weisenfelder Jr. , James J. Englert , and Lynne M. Longtin ; and Keating Ritchie & McGary, L.P.A., and Warren J. Ritchie , for appellees.

Keating Ritchie & McGary, L.P.A., and Thomas T. Keating , urging affirmance for amicus curiae Ohio Township Association.

Maurice A. Thompson , urging reversal for amici curiae 1851 Center for Constitutional Law and the Tax Foundation.

Christopher M. Whitcomb , urging reversal for amicus curiae National Association of Home Builders.

Robert N. Eshenbaugh Jr. , urging reversal for amicus curiae Ohio Home Builders Association.


PFEIFER, J.

{¶ 1} In this case we consider whether Hamilton Township, a limited-home-rule township, was authorized under Ohio law to impose its system of impact fees upon applicants for zoning certificates for new construction or redevelopment within its unincorporated areas. We hold that the impact fees operated as taxes; thus, Hamilton Township was not authorized to impose them pursuant to R.C. 504.04(A)(1).

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