Homebuilders Ass'n of Charlotte, Inc. v. City of Charlotte

FRYE, Justice.

In this appeal The City of Charlotte [hereinafter the City] contends that the Court of Appeals erred in reversing the trial court’s order of declaratory judgment in its favor and remanding for entry of declaratory judgment in favor of Plaintiff, Homebuilders Association of Charlotte, Inc. [hereinafter the Association]. The Court of Appeals held that the City had no authority to impose “user fees” absent enabling legislation from the General Assembly. “There being no such authority here, user fees shall not be collected under the authority of § 2-4 of the Code of the City of…