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UNION LAND OWNERS ASS'N v. COUNTY OF UNION

No. COA09-35.

689 S.E.2d 504 (2009)

UNION LAND OWNERS ASSOCIATION, an unincorporated association; Craft Development LLC, a North Carolina limited liability company; R.D. Harrell Company, a North Carolina corporation; Fairview Developers, Inc., a North Carolina corporation, Plaintiffs, v. The COUNTY OF UNION, a political subdivision of the State of North Carolina, Defendant.

Court of Appeals of North Carolina.

December 8, 2009.

Attorney(s) appearing for the Case

Burns, Day & Presnell, P.A., Raleigh, by Daniel C. Higgins and James J. Mills, for plaintiffs-appellants.

Perry, Bundy, Plyler & Long, L.L.P., Monroe, by H. Ligon Bundy and Melanie D. Cox, and White & Smith, LLC, by S. Mark White, for defendant-appellee.

Tharrington Smith, L.L.P., Raleigh, by Deborah R. Stagner, and General Counsel Allison B. Shafer, for North Carolina School Boards Association, Amicus Curiae.

General Counsel James B. Blackburn, III for North Carolina Association of County Commissioners and Poyner Spruill LLP by Robin Tatum Currin and Chad W. Essick for North Carolina Association of County Commissioners and International Municipal Lawyers Association, Amici Curiae.

Van Winkle, Buck, Wall, Starnes & Davis, P.A., Asheville, by Craig D. Justus, for North Carolina Home Builders Association, North Carolina Association of Realtors, and North Carolina Outdoor Advertising Association; General Counsel J. Michael Carpenter for North Carolina Home Builders Association; and Counsel Richard A. Zechini for North Carolina Association of Realtors, Amici Curiae.

JACKSON, Judge.

Union Landowners Association, Craft Development LLC, R.D. Harrell Company, and Fairview Developers, Inc. ("plaintiffs") appeal from the trial court's order granting summary judgment for Union County ("defendant"). For the following reasons, we reverse and remand.

In 1998, 2000, and 2005, defendant sought authority from the North Carolina General Assembly to impose school impact fees upon developers in Union County. Each attempt failed. After...

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