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LANVALE PROPERTIES v. COUNTY OF CABARRUS

No. 438PA10.

731 S.E.2d 800 (2012)

LANVALE PROPERTIES, LLC and Cabarrus County Building Industry Association v. COUNTY OF CABARRUS and City of Locust.

Supreme Court of North Carolina.

August 24, 2012.

Attorney(s) appearing for the Case

Ferguson, Scarbrough, Hayes, Hawkins & DeMay, P.A., Concord, by James R. DeMay and James E. Scarbrough , for plaintiff-appellee Lanvale Properties, LLC.

Brough Law Firm, by G. Nicholas Herman , Chapel Hill, and Richard M. Koch , for defendant-appellant County of Cabarrus.

Hartsell & Williams, P.A., Concord, by Christy E. Wilhelm and Fletcher L. Hartsell, Jr. , for defendant-appellee City of Locust.

J. Michael Carpenter , General Counsel, and Burns, Day & Presnell, P.A., Raleigh, by Daniel C. Higgins and James J. Mills , for North Carolina Home Builders Association, amicus curiae.

JACKSON, Justice.

In this appeal we consider whether defendant Cabarrus County ("the County") had the authority pursuant to its general zoning powers or, in the alternative, a 2004 law enacted by the General Assembly, to adopt an adequate public facilities ordinance ("APFO") that effectively conditions approval of new residential construction projects on developers paying a fee to subsidize new school construction to prevent overcrowding in the County's public schools...

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