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

EAGLES, Judge.

Plaintiff argues that the trial court erred by granting declaratory judgment in favor of the City of Charlotte. We agree and reverse.

I

Initially, we note that both parties stipulated that the trial court had jurisdiction over this matter. A municipality may have its rights and obligations determined in a declaratory judgment *332action. Board of Managers v. Wilmington, 237 N.C. 179, 74 S.E.2d 749 (1953).

II

Plaintiff argues that the trial court erred “because the City did not have the authority to impose ‘user fees’ for mandated regulatory services.” We agree.

“A municipality has only…