Smith Chapel Baptist Church v. City of Durham

WEBB, Justice.

The defendant contends that two sections of the General Statutes give the City of Durham the authority to assess fees to operate its stormwater program, although a large part of the program expenditures do not involve the physical assets of the program.

N.C.G.S. § 160A-311 provides in part:

As used in this Article, the term “public enterprise” includes:(10) Structural and natural stormwater and drainage systems of all types.

N.C.G.S. § 160A-311 (1994).

N.C.G.S. § 160A-314(al) provides in part:

The fees established under this subsection must be made applicable throughout the area of…