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TRUE HOMES, LLC v. CITY OF GREENSBORO

No. COA23-48.

898 S.E.2d 52 (2024)

TRUE HOMES, LLC and D.R. Horton, Inc., on behalf of themselves and all others similarly situated, Plaintiffs, v. CITY OF GREENSBORO, Defendant.

Court of Appeals of North Carolina.

Filed February 6, 2024.

Attorney(s) appearing for the Case

Scarbrough, Scarbrough & Trilling, PLLC, by John F. Scarbrough , Concord; Milberg Coleman Bryson Phillips Grossman, PLLC, by Lucy Inman , Raleigh, Wake County, James R. DeMay , Concord, Daniel K. Bryson , and John Hunter Bryson , Raleigh; and Shipman & Wright, LLP, Wilmington, by William G. Wright and Gary K. Shipman , for plaintiffs-appellees.

Mullins Duncan Harrell & Russell PLLC, by Alan W. Duncan , Stephen M. Russell, Jr. , and Tyler D. Nullmeyer , for defendant-appellant.

In this case, we consider whether the City of Greensboro's charging of capacity use fees exceeded its municipal authority under N.C. Gen. Stat. § 160A-314(a), prior to its 2017 amendment. We also consider whether Greensboro's fees were authorized by subsequent 2017 legislation.

I. Background

In 1988, Greensboro...

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