Justice warns town against ‘constitutionally suspect’ recreation fees
State Supreme Court Justice Phil Berger Jr. labeled Apex's recreation fee for developers "constitutionally suspect."
The North Carolina Supreme Court has vacated a lower court’s order for a class-action lawsuit against a recreation fee Apex charged to local developers.
The North Carolina Supreme Court will decide in the months ahead whether developers challenging a recreation fee in Apex can move forward with a class-action suit. The town has asked the high court to reverse a trial judge’s decision allowing the class action.
The North Carolina Supreme Court issued a ruling Friday favoring a property owner in her decade-long battle with Apex over a disputed sewer line. Now a trial judge will determine how the town must compensate Beverly Rubin for illegally installing the line under her property.
Apex officials are asking North Carolina’s second-highest court to reject a class action in a lawsuit challenging recreation fees the town charges developers. A trial judge granted the suit class-action status last April.
North Carolina’s highest court wrestled for an hour Tuesday over what to do about a sewer line Apex installed in 2015 to serve a new subdivision. Courts have ruled as far back as 2016 that the town violated Beverly Rubin’s rights by installing the line under her property.
The town of Apex and property owner Beverly Rubin have filed their latest competing briefs in their state Supreme Court battle over a disputed sewer pipe. Prior court rulings dating back to 2016 from Judge Elaine O’Neal determined that the town installed the pipe illegally under Rubin’s property. Rubin wants the pipe moved. The town argues that she must settle for compensation instead.
The Pacific Legal Foundation and North Carolina Advocates for Justice are supporting a homeowner in her dispute with Apex over a sewer pipe. The dispute has reached North Carolina’s highest court.
Apex and a local property owner submitted written arguments to the state’s highest court this week in a nine-year battle over a disputed sewer pipe. The state Supreme Court agreed in October to take up the property rights case pitting the Wake County town against Beverly Rubin. The town had requested a Supreme Court review in 2021.
Two years after the state Court of Appeals blasted the town of Apex for its decision to install a sewer pipe against a property owner’s wishes, the state Supreme Court has agreed to take the case. The town requested a review from the state’s highest court in June 2021.
The mayor of Apex has announced that the “Drag Queen Story Hour” — a controversial event featuring men in (often-skimpy) women’s clothing reading stories to children — has been eliminated from the schedule at the town’s June 11 Pride Festival. But Apex Pride, who helped plan the event, claims the reading will proceed, but from...
APEX — Efforts to purchase the 108-acre site in 2007 met criticism after the school board — then controlled by a more liberal majority — agreed to pay $8.7 million for the property. Two appraisals later valued the land at around $4 million.