(United States Fourth Circuit) - In an action seeking a refund of plaintiff construction company's impact fees collected by defendant New Hanover County,North Carolina, for water and sewer service that defendant utility did not provide but plaintiff paid to obtain a building permit, and the district court's order to refund the fees is affirmed where the county acted ultra vires in collecting fees for water and sewer services "to be furnished," under N.
C. Gen. Stat. section 162A-88, despite having taken no concrete steps to supply these services to plaintiff.
Source: findlaw.com