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SMITH CHAPEL BAPTIST v. CITY OF DURHAM

No. 250PA97.

502 S.E.2d 364 (1998)

348 N.C. 632

SMITH CHAPEL BAPTIST CHURCH; Fellowship Baptist Church, Inc.; Layman's Chapel Baptist Church; and Calvary Baptist Church of Durham, North Carolina v. CITY OF DURHAM, a North Carolina Municipal Corporation.

Supreme Court of North Carolina.

July 30, 1998.

Attorney(s) appearing for the Case

Stam, Fordham & Danchi, P.A. by Paul Stam, Jr., and Henry C. Fordham, Jr., Apex, for plaintiff-appellees.

Office of the City Attorney by Karen A. Sindelar, Assistant City Attorney, Durham, for defendant-appellant.

North Carolina League of Municipalities by Andrew L. Romanet, Jr., General Counsel, Raleigh, amicus curiae.

WEBB, Justice.

The defendant contends that two sections of the General Statutes give the City of Durham the authority to assess fees to operate its stormwater program, although a large part of the program expenditures do not involve the physical assets of the program.

N.C.G.S. § 160A-311 provides in part:

As used in this Article, the term "public enterprise" includes: .... (10) Structural and natural stormwater and drainage...

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