City of Perry faces lawsuit over Fire Protection Fee

Getting your Trinity Audio player ready...

PERRY — A Perry local recently sued the City of Perry over what many see as the controversial Fire Protection Fee.

In May 2025, Perry resident Robert Russell Jr. filed the lawsuit, claiming the fire protection service fee, created under the Fire Fee Ordinance, amounts to an “illegal tax levied and collected” and violates Georgia law.

According to the lawsuit, the fire protection fee is a periodic charge levied by the Perry Fire Protection Utility for providing fire protection services.

The fee is also imposed on all properties within the city limits. Developed or private property is not exempt from this fee and can also be set or changed by the “governing body of the city”.

The lawsuit asserts that the fire protection fee serves as a tax, not a fee.

The lawsuit states, “The Fire Fee is a mechanism the City is using to raise general revenue for fire protection services, including fire prevention and firefighting operations. It is not a charge for a particular service. The Fire Fee is a charge for the availability of fire protection services, not the actual provision of fire service in response to emergencies.”

The lawsuit also pointed out that a property owner who pays the fire fee every year can also never utilize those services. The lawsuit claims the fire fee should be covered by a resident’s property taxes rather than a flat fee on their monthly bill.

The lawsuit states, “Despite having paid the Fire Fee, the payer receives no particularized or enhanced service. Their service is not different from the nonpayer of the Fire Fee.”

If the court rules in their favor, the lawsuit seeks refunds for the “illegally assessed and collected taxes.”

The lawsuit states, “Consequently, the Fire Fee is an illegal tax not authorized by the Georgia Constitution or by Georgia law. Russell Jr. and the prospective class members are entitled to refunds for the illegally assessed and collected taxes under the Refund Statute.”

The lawsuit said Russell is due a refund of over $8,000, plus interest, for the Fire Protection Fee.

The City of Perry said it will not comment on pending litigation.