Supreme Court of North Carolina

PF Dev. Grp., LLC v. Cnty. of Harnett

August 19, 2022

Summary

The court held that Harnett County's water and sewer capacity-use fees are impact fees and monetary exactions subject to the essential-nexus and rough-proportionality requirements applicable to land-use exactions. Because the pleadings did not establish that the fees were roughly proportional to the developments' actual impacts, judgment on the pleadings was improper, and the case was remanded for further proceedings. The court also held that the generally applicable and legislatively imposed nature of the fees did not remove them from constitutional scrutiny.