Prior to August 6th, 2020, the Town was governed by the Mayor-Aldermanic Charter. The Mayor-Aldermanic Charter contains an express provision permitting impact fees. In 2007, the town of Nolensville enacted an ordinance that imposed a road impact fee which was permissible under the Mayor-Aldermanic charter.

Under state law, the citizens of a municipality may change the municipality’s charter. The process is initiated by obtaining the signature of at least 33.33% of the municipality’s registered voters. Upon meeting the signature requirement, an election is held, and if a majority of voters vote for the charter change then the change becomes effective.

In 2020, citizens of Nolensville initiated the process of gaining support to switch to a City Manager Commission Charter. After obtaining more than 33.33% of the required signatures to initiate the petition, a Public Referendum was held on August 6th, 2020. Voters adopted the City Manager Commission Charter with 1,910 votes in favor, and 731 votes against.

As a result of the charter change, the plaintiffs filed suit in December of 2023, alleging that the Town lost its legal authority to collect road impact fees because the City Manager-Commission charter does not contain express authority to impose an impact fee. and subsequently filed a lawsuit in December 2023. The Town believes its impact fee ordinance complies with state law and serves an essential purpose—helping ensure that growth pays its proportionate share of the cost of public infrastructure.

Town of Nolensville

Impact Fee Litigation FAQ

What is this lawsuit about?

What are impact fees?

Why does Nolensville collect impact fees?

Who are the parties in the lawsuit?

What is the Town’s position?

How much money is at issue?

What is the current status of the lawsuit?

Can the Town appeal the Chancery Court decision?

How is the Town ensuring proper use of the fees?

Will this affect new developments or building permits?

Could the Town be required to refund impact fees?

What happens to ongoing or future projects funded by impact fees?

How does this affect homeowners?

How does this affect developers and builders?

What are the possible outcomes?

How is the Town maintaining transparency?

Where can I find related documents?

Who can I contact with further questions?