Impact Fees and APFOs

            Apparently we have to wait a bit longer for a final answer to the state’s million dollar question: can schools be funded by assessing developers an “impact fee.”?  The latest non-answer was recently published in the N.C. Supreme Court’s non-decision in the Cary-originated Amward Homes case.

             I’ve covered this issue in numerous previous posts, including

            From the town that threw a zoning hissy fit when a farmer sold vegetables by the roadside and that had a conniption fit when a new but retro-design chrome diner was, well, too chrome-y, comes yet another one in a prolonged there-they-go-again parade.  Even though courts have clearly told every other local government that the

This week the Court of Appeals decided in Union Land Owners Association, et. al. v. Union County that the North Carolina zoning and subdivision statutes did not authorize Union County to adopt an APFO (adequate public facilities ordinance) to pay for schools. 

The Background

            Union County is a hotbed of growth.  Residential growth.  Risking some