By North Carolina Judicial Branch
Anderson Creek Partners, L.P. v. Cnty. of Harnett
Whether 'capacity use' fees charged to residential property developers for the purpose of expanding and improving the county's water and sewage system as a precondition for the county's concurrence in a developer's application to the Department of Environmental Quality for a required water and sewer permit constitute monetary exactions subject to review under the 'unconstitutional conditions' doctrine.
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Summary
Whether 'capacity use' fees charged to residential property developers for the purpose of expanding and improving the county's water and sewage system as a precondition for the county's concurrence in a developer's application to the Department of Environmental Quality for a required water and sewer permit constitute monetary exactions subject to review under the 'unconstitutional conditions' doctrine.