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Today, the Beacon Center and the city of Nashville jointly asked a federal court to preliminarily approve a settlement in a class action lawsuit Beacon filed challenging the city’s stormwater capacity fees. The lawsuit prompted the city to put an end to the stormwater fee just days after the case was filed. As part of the proposed settlement, the city has agreed to pay back over $1.4 million to hundreds of homeowners who were forced to pay the fees before they could obtain a permit to build.

The Constitution forbids the government from placing all of the costs of public infrastructure on the shoulders of a few property owners. The proposed settlement could result in refunds to 361 Tennesseans who were wrongfully charged a stormwater fee under a highly controversial city ordinance.

Peyton Pratt, who Beacon represents free of charge in the lawsuit, was forced to pay thousands of dollars in stormwater fees simply because he sought to build a bigger house for his growing family. His efforts will ensure that every property owner unfairly charged under the stormwater ordinance will be entitled to a refund if the settlement is approved.

This is a landmark agreement, not just for our client, but for all Tennesseans. Tennesseans have long identified the lack of housing as a significant issue, so we’re pleased that this proposed settlement clears the path for builders to make housing affordable by building more homes for Tennesseans.

For more background and court documents, see the case page here.