Judge Rules Against Durham Homeowner In Impact-Fee Case
Posted August 15, 2006 3:56 a.m. EDT
DURHAM, N.C. — A Durham homeowner cannot collect on a multimillion-dollar million settlement involving impact fees, a Superior Court judge ruled Tuesday.
A lawyer for Kevin Jones argued that his client should get some of the money the county has been ordered to repay builders, but Judge Orlando Hudson disagreed.
Earlier this summer, the North Carolina Court of Appeals upheld a ruling that Durham County had illegally collected impact fees from homebuilders because it did not get legislative approval. The county now has to return more than $8 million in collected fees.
Impact fees help local governments recover the cost of providing public facilities, such as schools, for new developments. Developers may pass the cost on to homebuyers purchasing the newly developed property.