Legal Opinion
Tommy Davis Construction, Inc. v. Cape Fear Public Utility Authority
Court of Appeals for the Fourth Circuit
Decided December 1, 2015No. 14-1778, 14-2132PublishedCited by 64 opinions
1Opinion of the Court
Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge GREGORY and Judge THACKER joined.
NIEMEYER, Circuit Judge:
The main question presented in these appeals is whether New Hanover County, North Carolina, acted ultra vires in collecting fees on behalf of the New Hanover County Water and Sewer District from a subdivision developer, Tommy Davis Construction, Inc., for water and sewer services that the Water and Sewer District did not provide and had no concrete plans or immediate ability to provide. Davis Construction had arranged to have a privately owned utility, Aqua…
2Cases cited10 opinions
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Wallace v. KatoSupreme Court of the United States · 2007
- Wilson v. GarciaSupreme Court of the United States · 1985
- Collins v. City of Harker HeightsSupreme Court of the United States · 1992
- Bay Area Laundry & Dry Cleaning Pension Trust Fund v. Ferbar Corp. of California, Inc.Supreme Court of the United States · 1997
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3Cited by64 opinions
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- Bloch v. Executive Office of the PresidentDistrict Court, E.D. Virginia · 2016
- Quality Built Homes Inc. v. Town of CarthageSupreme Court of North Carolina · 2018
- MacKean Maisha v. University of North CarolinaCourt of Appeals for the Fourth Circuit · 2016
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