Teton County says it ‘miscalculated’ $24,000 housing fee, refunds money to couple

Teton County said it miscalculated a $24,325 fee it charged a couple for building a home on their own property and gave them a refund plus interest, effectively ending their lawsuit challenging the county’s housing mitigation system.

Trey and Shelby Scharp sued Teton County in May 2025 over the fee required to build on property they already owned, alleging the system violates the Fifth Amendment’s protection against taking private property without just compensation. They received their fee back plus interest totaling $29,909, with the county also paying $25,000 to their legal counsel.

The county determined the couple qualified for an exemption tied to a historic cabin on their property, which reduced their calculated fee to nothing. The Scharps view the outcome as unsatisfying since they wanted to prove the fees are unconstitutional.

“When we filed in May, it was not about the money. It was about the constitutionality of the fees,” Shelby Scharp said. “And we had every intention to take this case as far as it need to go to prove that.”

Their attorney Austin Waisanen called the county’s timing “convenient,” saying the refund essentially mooted their case. County Commission Chair Mark Newcomb said officials are now examining mitigation fees dating back to 2022 for other overlooked historic structure exemptions.