China Grove 152, LLC v. Town of China Grove

773 S.E.2d 566, 242 N.C. App. 1, 2015 N.C. App. LEXIS 583, 2015 WL 4082073
CourtCourt of Appeals of North Carolina
DecidedJuly 7, 2015
DocketNo. COA14–972.
StatusPublished
Cited by10 cases

This text of 773 S.E.2d 566 (China Grove 152, LLC v. Town of China Grove) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
China Grove 152, LLC v. Town of China Grove, 773 S.E.2d 566, 242 N.C. App. 1, 2015 N.C. App. LEXIS 583, 2015 WL 4082073 (N.C. Ct. App. 2015).

Opinion

INMAN, Judge.

*2This case requires us to interpret statutes allowing land developers to recover damages, including interest, for impact fees illegally exacted by cities and towns as a condition of development and construction. Defendant appeals from an order entered 30 June 2014 denying its motion to dismiss plaintiffs' claim, granting plaintiffs' motion for judgment on the pleadings, and awarding plaintiffs $18,221.58 in unpaid interest. After careful consideration, we affirm.

*568I. Facts and Legal Background

Because the actions taken by the parties in this case are governed by prior appellate decisions and statutes, we summarize the factual background within the chronology of legal developments.

*3In June 2006, this Court issued Durham Land Owners Ass'n v. Cnty. of Durham, 177 N.C.App. 629, 630 S.E.2d 200, writ denied, review denied, 360 N.C. 532, 633 S.E.2d 678 (2006), holding that a school impact fee imposed by Durham County as a prerequisite to development approval was not specifically authorized by the General Assembly, and was therefore illegal. While the Court ruled that a refund of the fees was an appropriate remedy, it declined to order the County to pay interest on those fees, noting that interest "may not be awarded against the State unless the State has manifested its willingness to pay interest by an Act of the General Assembly or by a lawful contract to do so." Id. at 640, 630 S.E.2d at 207 (quotation marks omitted).

In 2007, one year after this Court issued its ruling in Durham Land Owners Ass'n, the General Assembly passed Senate Bill 1152, "an act to require counties and cities to pay interest on illegally exacted taxes, fees, or monetary contributions for development that are not specifically authorized by law." See 2007 N.C. Sess. Laws ch. 371. That act amended N.C. Gen.Stat. § 153A-324 and N.C. Gen. Stat. § 160A-363 to include the following: "If the [county/city] is found to have illegally exacted a tax, fee, or monetary contribution for development or a development permit not specifically authorized by law, the [county/city] shall return the tax, fee, or monetary contribution plus interest of six percent (6%) per annum."

Town of China Grove ("defendant") is an unincorporated municipality located in Rowan County. Defendant enacted an Adequate Public Facilities Ordinance ("APFO") requiring land developers to pay impact fees as a condition of obtaining necessary permits for development.1 In relevant part, the purpose and intent of the APFO is the following:

A. To ensure that public facilities needed to support new residential development meet or exceed the level of service standards established herein.
...
C. To ensure that no application is approved which would cause a reduction in the levels of service for any public facilities below the adopted level of service established in this ordinance.
*4D. To ensure that adequate public facilities needed to support new residential development are available concurrent with the impacts of such development[.]

The general purpose of the fee was "to ensure funding existed to accommodate the potentially increased public needs of the newly built neighborhood."

On 6 February 2008, China Grove 152, LLC and David R. Investments, LLC ("plaintiffs") paid a fee of $54,284 required by defendant pursuant to the APFO in order to begin development of the Miller's Grant Subdivision in China Grove.

On 24 August 2012, during the development of the subdivision, the North Carolina Supreme Court issued Lanvale Properties, LLC v. Cnty. of Cabarrus, 366 N.C. 142, 731 S.E.2d 800 (2012). In Lanvale, the Court struck down Cabarrus County's APFO (which the Court noted was "a very effective means of generating revenue") because it was not specifically authorized by statute. Id. at 161, 731 S.E.2d at 814-15. The Court held that "absent specific authority from the General Assembly, APFOs that effectively require developers to pay an adequate public facilities fee to obtain development approval are invalid as a matter of law." Id.

On 21 August 2013, plaintiffs sent a letter to defendant requesting reimbursement of the APFO fee with interest in light of our Supreme Court's decision in Lanvale. Defendant responded on 5 September 2013 with a letter enclosing a check payable to plaintiffs for $54,284. The letter stated that the sum "represents a return of your payment pursuant to the [APFO] for the expected public facilities impact of the [subdivision]."

*569Defendant's letter further stated that "[w]e will consider our offer and your acceptance of our check in the amount of $54,284.00, as a complete mutual release of all obligations and liabilities under [the APFO][.]"

In April 2014, plaintiffs filed a complaint for declaratory judgment to secure interest owed on the principal APFO sum of $54,284. On 22 May 2014, plaintiffs filed a motion for judgment on the pleadings, and defendant subsequently filed a corresponding motion to dismiss plaintiffs' claim. The trial court denied defendant's motion and granted plaintiffs' motion, ruling that the payment made pursuant to the APFO was an illegally exacted fee not specifically authorized by North Carolina law. Pursuant to N.C. Gen.Stat. § 160A-363(e), the trial court ordered that defendant pay 6% per annum interest on the principal sum from the date plaintiffs paid the APFO fee (8 February 2008) to the date defendant *5returned the principal sum to plaintiffs (11 September 2013) for a total of $18,221.582 .

II. Analysis

a.) Legality of the Fee

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Bluebook (online)
773 S.E.2d 566, 242 N.C. App. 1, 2015 N.C. App. LEXIS 583, 2015 WL 4082073, Counsel Stack Legal Research, https://law.counselstack.com/opinion/china-grove-152-llc-v-town-of-china-grove-ncctapp-2015.