APFO’s Not in North Carolina

NC Court of Appeals Strikes Down Union County Adequate Public Facility Ordinance

On December 8, 2009, the North Carolina Court of Appeals struck down Union County’s Adequate Public Facilities Ordinance (APFO) and its Voluntary Mitigation Payment (VMP). The court agreed with the plaintiffs’ argument that the North Carolina General Assembly “neither expressly nor impliedly authorized the defendant (county) to adopt the APFO”–a precedent which could have extremely positive impacts for many of our developers.  To read the entire court documents click here.