Clash over Orange Co. school impact fees returns to Appeals Court
A nine-year legal battle over Orange County school impact fees returned Tuesday to North Carolina’s second-highest court.
The North Carolina Supreme Court has approved class-action lawsuits challenging government fees assessed in Raleigh and Carteret counties. Both cases produced unanimous decisions Friday.
Plaintiffs in a class-action lawsuit challenging Raleigh water and sewer impact fees criticized the city’s legal tactics in a state Supreme Court filing this week. The dispute involves a $16 million court ruling against the capital city over fees charged to developers between 2016 and 2018.
The North Carolina Supreme Court will allow plaintiffs challenging school impact fees in Orange County to move forward with their pursuit of refunds. The decision Friday reverses a split Court of Appeals, which delivered a less clear-cut result in 2023 for plaintiffs challenging the fees.
The North Carolina Supreme Court will not take a case involving a dispute between Greensboro and developers over impact fees. A state Court of Appeals ruling against the city in February could lead to refunds of $5.2 million plus interest.
The North Carolina League of Municipalities is backing Greensboro as the city urges the state’s highest court to take up a dispute over local impact fees. Greensboro and the league want to overturn a February court ruling favoring developers who sued the city.
The state Court of Appeals has ruled against Greensboro and in favor of developers in a fight over city water and sewer impact fees assessed before 2018. The decision could force Greensboro to pay refunds of $5.2 million plus interest.
The NC Court of Appeals will consider whether the state’s third-largest city charged illegal water and sewer impact fees before 2018. Two home building companies challenging Greensboro’s fees submitted written arguments Wednesday at North Carolina’s second-highest court.
The N.C. Court of Appeals ruled Wednesday that Orange County might have to refund some challenged school impact fees. The decision offers a potential partial victory to plaintiffs who challenged the fees.
DURHAM — A recent decision by a local trial court that Durham County’s impact fee on new housing, levied for the support of the public schools, is illegal has revived the dispute over the controversial revenue-raising method. Meanwhile, the county is appealing the trial court’s decision to the N.C. Court of Appeals. The county is allowed to continue collecting the fee, depending on further court action. If the Court of Appeals says the fee is illegal, developers or homeowners who paid the fee will get refunds (a total of $2.2 million). Meanwhile, the county is appealing the trial court’s decision to the N.C. Court of Appeals.
CHARLOTTE — Local governments have been debating growth controls, panhandling, and other issues this spring. After experiencing lower than anticipated growth, for example, Cary is reconsidering the amount it charges in water, sewer, and transportation impact fees. Cary adopted the impact fees in an attempt to control the rapid growth that the town experienced from the 1970s through the late 1990s. Meanwhile, Greensboro and Chapel Hill are changing how they regulate panhandlers.