Appeal to North Carolina Supreme Court requested in dispute over Town of Carthage's fee ordinances
RALEIGH — The Town of Carthage recently sent a notice of appeal to the North Carolina Supreme Court in its case as a defendant against plaintiffs Quality Built Homes Incorporated and Stafford Land Company Inc.
The appellant asked the North Carolina Supreme Court to review an appellate court's ruling that a claim filed against the town was fell within a 10-year statute of limitations. The original case stems from ordinances passed by the town in 2003 regarding water and sewage impact fees.
The case has gone through several appeals.
A trial court originally sided with the town, which ruled that the town was lawfully collecting the fees. The plaintiffs then appealed, but the appellate court affirmed the lower court's decision. The plaintiffs then appealed to the North Carolina Supreme Court, which reversed the lower courts' decisions, ruling that the fee ordinances were not valid.
The high court then remanded the case back to the appellate court, which ruled that that claims against the defendant fell within a 10-year statute of limitation because the plaintiffs had filed suit within 10 years of paying the fees they allege were not lawful.
The town then appealed the appellate court's second decision to the North Carolina Supreme Court, seeking a ruling that the statue of limitations had already passed when the plaintiffs filed suit.
North Carolina Supreme Court case number 315PA15-2
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