Home Builders Assoc. of Middle TN v. Maury Co.
Docket: M1999-02383-COA-R3-CV
Court: Court of Appeals of Tennessee; August 31, 2000; Tennessee; State Appellate Court
Original Court Document: View Document
The Court of Appeals of Tennessee addressed the case involving the Home Builders Association of Middle Tennessee and Maury County regarding the constitutionality of the Maury County Adequate Facilities Tax. Judge William C. Koch, Jr. concurred with Section III of the court’s opinion while dissenting from Section II, asserting that the plaintiffs lacked standing to challenge the tax based on the claim that it interfered with the "natural right" to build shelter on private property. Koch emphasized that courts should not grant relief in cases without a genuine controversy and highlighted the importance of having a personal stake in the dispute. He referenced multiple precedents to support the principle that only parties who have suffered or are threatened with actual injury can seek judicial remedy. The plaintiffs, consisting of real estate developers and a contractors’ trade association, claimed that the tax violated their rights by taxing a natural right. However, Koch noted that they could not connect their business activities—building houses for resale—to the asserted right. He further explained that the plaintiffs could not assert the rights of third parties since they had not demonstrated any direct constitutional injury. Consequently, he reasoned that the plaintiffs' lack of standing precluded addressing the merits of their claim regarding the taxation of home construction. Nonetheless, he fully supported the court's conclusion in Section III that the tax in question was not classified as an impact fee.