Amward Homes, Inc. v. Town of Cary Our Court of Appeals held that the defendant-town was not responsible for setting up or funding schools, and it lacked statutory authority to charge developers and/or builders a fee designed to ensure adequate funding for area schools. With Justice Jackson not participating, the remaining members of the court are equally divided, with three members voting to reverse and three members voting to affirm the decision of the Court of Appeals.
Tagged with: appeals Civil Practice Constitutional developer & builder fees Due Process equal protection interlocutory mootness Municipal Schools & School Boards standing Statute of Limitations
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