The Locker Room

Appeals court rules against Union County's adequate public facilities ordinance

Posted by Mitch Kokai at 09:26 AM

A unanimous three-judge panel of the N.C. Court of Appeals reversed a lower-court ruling this morning and struck a blow against Union County's adequate public facilities ordinance. The appellate judges ruled that Union County did not have authority from the General Assembly to use an APFO to secure the equivalent of a school impact fee.

In other rulings issued this morning:

  • With his name already in the news as the latest Democratic candidate to announce plans for a U.S. Senate run in 2010, Cal Cunningham's name is back in the news this morning thanks to the N.C. Court of Appeals. A unanimous three-judge panel ruled against Cunningham's father (also named J. Calvin Cunningham) in a fee dispute with a client he represented in a divorce case.
  • A unanimous three-judge panel threw out a lower-court order forcing a Forsyth County sex-offense defendant to undergo satellite monitoring for the rest of his life.
  • A unanimous three-judge panel upheld a lower court ruling fining a Cabarrus County defense lawyer $500 for filing motions that were "vexatious and totally without merit."
  • A unanimous three-judge panel affirmed a ruling favoring the N.C. Property Tax Commission in a tax dispute with a New York-based amusement ride owner that stores its rides and equipment in Pedner County six months a year.
  • A unanimous panel reversed for the second time a ruling against IBM Credit in a tax dispute over 40,000 leased pieces of computer equipment in Durham County.
  • A unanimous panel upheld a lower-court ruling in favor of the N.C. Department of Health and Human Services in a dispute over a Charlotte-area company's decertification as provider of HIV case management services.

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