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DURHAM LAND OWNERS v. COUNTY OF DURHAM

No. COA05-736.

630 S.E.2d 200 (2006)

DURHAM LAND OWNERS ASSOCIATION, an unincorporated Association, Anderson Homes, Inc., Cimarron Capital, Inc., d/b/a Cimarron Homes, The Dress Company d/b/a The Dress Homes Company, M/I Homes of Raleigh, LLC, Olde South Homes, Inc., Randall H. Stewart, St. Lawrence Homes, Inc., Sun River Builders, Inc., Thomas Hugh Mullen, 3-D Builders, Inc., Vance Crabtree Builders, LLC, Westfield Homes of the Carolinas, LLC., Plaintiffs, v. COUNTY OF DURHAM, Defendant.

Court of Appeals of North Carolina.

June 6, 2006.

Attorney(s) appearing for the Case

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

Durham County Attorney S.C. Kitchen, for defendant-appellant.

Tharrington Smith, L.L.P., by Michael Crowell and Kathleen P. Tanner, and the North Carolina Schools Boards Association by Allison B. Schafer, Raleigh, for Amicus Curiae North Carolina Schools Boards Association.

Camden County Attorney Herbert T. Mullen, Jr., for Amicus Curiae Camden County.

Currituck County Attorney Katherine McKenzie, for Amicus Curiae Currituck County.

Pasquotank County Attorney Michael Cox, for Amicus Curiae Pasquotank County.

ELMORE, Judge.

Plaintiffs, all developers and home builders, sued Durham County (the County) alleging that the County's "school impact fee" was imposed without proper enabling legislation from the General Assembly, and therefore illegal. The trial court agreed, ordered summary judgment in favor of plaintiffs, and mandated that the County refund plaintiffs their payments with interest. The County appealed to this Court arguing...

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