Tommy Davis Construction, Inc. v. Cape Fear Public Utility, No. 14-1778 (4th Cir. 2015)Annotate this Case
Davis Construction filed suit against the Authority seeking a refund of the impact fees it had paid to the Water and Sewer District. At issue was whether the County acted ultra vires in collecting fees on behalf of the District from Davis Construction for water and sewer services that the District did not provide and had no concrete plans or immediate ability to provide. The court affirmed the district court's ruling that the County acted ultra vires in collecting the fees on behalf of the District and ordered both the County and the successor to the District, the Authority, to refund the fees in the amount of $34,268.96, together with prejudgment interest. The court also affirmed the district court's award of attorneys fees and costs to Davis Construction.