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ANDERSON CREEK PARTNERS v. CTY. OF HARNETT

No. 62PA21/63PA21.

876 S.E.2d 476 (2022)

2022-NCSC-93

ANDERSON CREEK PARTNERS, L.P.; Anderson Creek Inn, LLC; Anderson Creek Developers, LLC; Fairway Point, LLC; Stone Cross, LLC d/b/a/Stone Cross Estates, LLC; Ralph Huff Holdings, LLC; Woodshire Partners, LLC; Crestview Development, LLC; Oakmont Development Partners, LLC; Wellco Contractors, Inc.; North South Properties, LLC; W.S. Wellons Corporation; Rolling Springs Water Company, Inc.; and Stafford Land Company, Inc. v. COUNTY OF HARNETT. PF Development Group, LLC v. County of Harnett.

Supreme Court of North Carolina.

Filed August 19, 2022.

Attorney(s) appearing for the Case

Scarbrough, Scarbrough & Trilling, PLLC, by John F. Scarbrough , Concord, James E. Scarbrough , Concord, and Madeline J. Trilling , Concord; James R. DeMay , Concord, for plaintiff-appellants.

Fox Rothschild, LLP, by Kip David Nelson , Greensboro, Bradley M. Risinger , Raleigh, and Troy D. Shelton ; Raleigh, and Christopher Appel , for defendant-appellee.

Erin E. Wilcox , for amicus curiae Pacific Legal Foundation; and J. Michael Carpenter , for amicus curiae North Carolina Homebuilders Association.

F. Paul Calamita , for amicus curiae North Carolina Water Quality Association and the National Association of Clean Water Agencies.

¶ 1 This appeal arises from a challenge to an ordinance adopted by defendant Harnett County that requires residential property developers to pay one-time water and sewer "capacity use" fees associated with each lot that they wish to develop as a precondition for obtaining the County's concurrence in the developer's application...

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