Realtors Gloat on Demise of Union County School Funding

The NC Court of Appeals ruled last week that Union County's Adequate Public Facilities Ordinance (APFO) was in effect imposing unauthorized Impact Fees.

Defendant may not use the APFO to obtain indirectly the payment of what amounts to an impact fee given that defendant lacks the authority to impose school impact fees directly. Therefore, because our Constitution places the duty to fund public schools on the General Assembly and local governments and because the General Assembly has neither expressly nor impliedly authorized defendant to shift that duty using subdivision ordinances that impose fees or use similar devices upon developers of new construction, we hold that defendant’s adoption of an APFO that includes a VMP and similar measures was in excess of its statutory authority.

NC Realtors are taking credit for a "great victory for the real estate community" but don't really have any better ways to fund the construction of schools to maintain and improve property values in the communities they serve.