Ricks v. Town of Selma

ARNOLD, Judge.

Plaintiffs first assign error to the trial judge’s conclusion that Section 13.20.020, setting rates for either water or sewer service available but not received, was a valid exercise of the statutory authority granted to the town under N.C. Gen. Stat. § 160A, Article 16. We disagree. The town possessed sufficient statutory authority to set an availability charge for water or sewer service available but not received.

As of 13 September 1983, the date this ordinance was enacted, neither our courts nor legislature had addressed the question before us. However, in 1989, the General…