Impact Fees (APFOs) – So, Is that Your Final Answer?

            Apparently we have to wait a bit longer for a final answer to the state’s million dollar question: can schools be funded by assessing developers an “impact fee.”?  The latest non-answer was recently published in the N.C. Supreme Court’s non-decision in the Cary-originated Amward Homes case.              I’ve covered this issue in numerous previous […]

APFOs – They’re Back

             Just when we thought the N.C. Court of Appeals had fully resolved all matters related to APFOs (“Adequate Public Facilities Ordinances”) the N.C. Supreme Court has decided to review the issue by granting certiorari in two cases: Lanvale v. Cabarrus County (a previously unpublished opinion) and Amward Homes v. Town of Cary (a case […]

Can You Hear Me Now? Impact Fees are Not Allowed by Law

            From the town that threw a zoning hissy fit when a farmer sold vegetables by the roadside and that had a conniption fit when a new but retro-design chrome diner was, well, too chrome-y, comes yet another one in a prolonged there-they-go-again parade.  Even though courts have clearly told every other local government that […]

Zoning and School Funding — Do They Mix?

            This week the Court of Appeals decided in Union Land Owners Association, et. al. v. Union County that the North Carolina zoning and subdivision statutes did not authorize Union County to adopt an APFO (adequate public facilities ordinance) to pay for schools.  The Background             Union County is a hotbed of growth.  Residential growth.  […]

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