Planning is words on a page and lines on a map. It is not
reality, but a projection of the future. And the future is
uncertain – just ask those who predict when the Federal
Reserve will raise interest rates.
A North Carolina Water and Sewer District possesses authority to
charge fees "for the use of or the services furnished or
to be furnished." In Point South Properties,
LLC v. Cape Fear Public Utility Authority, (October 20, 2015),
the North Carolina Court of Appeals addresses when a water and
sewer district possesses authority to impose fees for services
"to be furnished."
Two facts were prominent in the case. First, the fees were
assessed against properties already served adequately by a private
water company and the property owners who had paid the fees had no
desire to be served by the District, now merged into defendant Cape
Fear Public Utility Authority. Second, the District's
plans to furnish services to these properties were general, vague
and
