Anderson Creek Partners, L.P. v. County of Harnett
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The Supreme Court reversed the decision of the court of appeals affirming the judgment of the trial court granting the motion for judgment on the pleadings filed by defendant Harnett County and dismissing the claims brought by plaintiff PF Development Group and all but one of the claims asserted by the remaining plaintiffs, holding that remand was required.
At issue in this case was an ordinance adopted by the County that required residential property developers to pay one-time water and sewer capacity use fees associated with the lots they planned to develop as a precondition for obtaining the County's concurrence in the developer's application for the issuance of required water and sewer permits. In seeking relief from the trial court's orders, Plaintiffs argued on appeal that genuine issues of material fact existed. The court of appeals disagreed and affirmed. The Supreme Court reversed, holding that the "capacity use" fees at issue were "monetary exactions" subject to constitutional scrutiny and therefore must satisfy the "essential nexus" and "rough proportionality" test to avoid being treated as takings of Plaintiffs' property.
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