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QUALITY BUILT HOMES INC. v. TOWN OF CARTHAGE

No. 315PA15.

789 S.E.2d 454 (2016)

QUALITY BUILT HOMES INCORPORATED and Stafford Land Company, Inc. v. TOWN OF CARTHAGE.

Supreme Court of North Carolina.

Filed August 19, 2016.

Attorney(s) appearing for the Case

Ferguson, Hayes, Hawkins & DeMay, PLLC, Concord, by James R. DeMay ; and Scarbrough & Scarbrough, PLLC, Concord, by James E. Scarbrough , for plaintiff-appellants/appellees.

Cranfill Sumner & Hartzog LLP, Raleigh, by Susan K. Burkhart , for defendant-appellant/appellee.

Law Office of John T. Benjamin, Jr., P.A., Raleigh, by John T. Benjamin, Jr. and William E. Hubbard , for Leading Builders of America, amicus curiae.

Robinson, Bradshaw & Hinson, P.A., Charlottte, by Edward F. Hennessey ; and J. Michael Carpenter , General Counsel, for North Carolina Home Builders Association, Inc., amicus curiae.

Ellis & Winters LLP, Raleigh, by Matthew W. Sawchak and Paul M. Cox ; and F. Paul Calamita , for North Carolina Water Quality Association, amicus curiae.

In this case we consider whether the Town of Carthage exceeded its municipal authority under the Public Enterprise Statutes, N.C.G.S. §§ 160A-311 to -338 (2015), by adopting certain water and sewer "impact fee" ordinances. Upon approval of a subdivision of real property, the ordinances trigger immediate charges for future...

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