Yes — the Chatham County fire-fee case was already a certified class action, and it ordered large refunds. No — it does not create one statewide payout or an open claim form for every Georgia resident. A class action lets a few property owners sue for all owners charged the same way. A fire-protection fee here means a flat or square-footage charge tied to owning property in a special district. According to The Current, the Georgia Supreme Court ruled unanimously on Oct.
14, 2026, in Chatham County v. Smith, No. S26A0699, in The Current's Oct. 15 report. The court held the charge was an illegal property tax because it was not assessed by value.
Official resources:
- Read the official notice from Thecurrentga — Use this primary source to verify the official announcement.
- Read the official notice from Firelawblog — Use this primary source to verify the official announcement.
Table of Contents
- Who got refunds in Chatham County?
- Why was the fee an illegal tax?
- Are other towns settling too?
- What time limits can block older claims?
- How to check your own bills now?
Who got refunds in Chatham County?
Justia opinion summaries describe the plaintiffs as property owners Damon L. and Sebrell E. Smith. The certified class covered owners in the unincorporated-county special district.
It included owners charged a flat fee or a square-footage-based fire fee. According to the Fire Law Blog, the court affirmed summary judgment for refunds plus interest in the Fire Law Blog's Oct. 18 summary. The total was $30,127,374.23. It covered fire charges collected in fiscal years 2022-2023 and 2023-2024.
Why was the fee an illegal tax?
Bloomberg Tax explains the court's distinction between a lawful fee and a tax. The charge was mandatory and tied to property ownership. It funded general fire readiness, not a benefit specific to each payer.
Ad valorem means assessed by property value. The county did not assess this charge by value. Bloomberg Tax reports the court therefore treated it as a property tax unauthorized under former O.C.G.A. § 36-70-24(3)(B).
Are other towns settling too?
Savannah Agenda reports Garden City agreed to end its fire fee on Jan. 1, 2026, in Bobby Black v. Garden City, in Savannah Agenda's Dec. 22 account. The deal would create a $1.4 million aggregate refund fund. It would cover customers assessed and paying fees from Oct. 7, 2020 through final approval. WTOC reports Richmond Hill agreed to a proposed $5 million settlement in Joshua Lanier v.
City of Richmond Hill, in WTOC's Sept. 7 report. It would cover taxpayers who paid its flat fire fee from Nov. 7, 2018 through final approval. It still needs Bryan County Superior Court approval. The Current reported Walthourville voted 4-0 to end its fire fee effective Oct. 1. The vote followed resident Steve Wright's Liberty County class-action challenge. Other local governments face the same exposure.
What time limits can block older claims?
Justia's summary of Georgia law in Webb v. Coweta County notes the limit in O.C.G.A. § 48-5-380. A taxpayer must file a refund claim within one year after payment, or three years for taxes.
The taxpayer must then wait for a decision before suing. That procedure can bar stale claims even when the fee was unlawful. Chatham County refunds covered only two recent fiscal years. Older payments in other cities may face the same cutoff problem.
How to check your own bills now?
Pull your property-tax and fire-fee bills first. Do not assume a bill from another county qualifies.
Match the payer, place, fee type, and payment years to a certified class or approved settlement. Keep each bill and receipt in one folder now. Payments outside the listed fiscal years and settlement windows face the strictest risk.
- Confirm whether the property is in the charged district or city
- Check whether the charge is flat or square-footage-based
- Keep proof of ownership and proof you paid
- Watch county and court notices for approval and filing instructions