Durham Land Owners Ass'n v. County of Durham

ELMORE, Judge.

Plaintiffs, all developers and home builders, sued Durham County (the County) alleging that the County’s “school impact fee” was imposed without proper enabling legislation from the General Assembly, and therefore illegal. The trial court agreed, ordered summary judgment in favor of plaintiffs, and mandated that the County refund plaintiffs their payments with interest. The County appealed to this Court arguing that: it possessed the necessary enabling legislation; the trial court erred in awarding plaintiffs summary judgment, repayment of the fees, and interest; and that…