Davidson County v. City of High Point (1987)

See Davidson County, 321 N.C. at 259 , 362 S.E.2d at 558 (“In short, the County may not use [a condition to issuance of a permit] to impose limitations outside the scope of its statutory authority.”).

State v. Clemmons, 111 N.C.App. 569, 572 , 433 S.E.2d 748, 750 , cert. denied, 335 N.C. 240 , 439 S.E.2d 153 (1993); see also Davidson County v. City of High Point, 321 N.C. 252, 257 , 362 S.E.2d 553, 557 (1987) ("Statutorily granted powers are to be strictly construed.").

They are authorized to exercise only those powers expressly conferred upon them by statute and those which are necessarily implied by law from those expressly given.” Davidson Cnty. v. High Point, 321 N.C. 252, 257 , 362 S.E.2d 553, 557 (1987) (citations omitted).

Stat. § 153A-10, including “Rowan,” id.; see also Davidson Cnty. v. City of High Point, 321 N.C. 252, 257 , 362 S.E.2d 553, 557 (1987) (“Counties . . exist solely as political subdivisions of the State and are creatures of statute.”). -~g- Under North Carolina law, all authorized means for service “~Tu]pon an agency of the State,” N.C.

See N.C.Gen.Stat. § 160A-381 (1994) (limiting county authority to issue ordinances to those parts of a county not within a city); Davidson County v. City of High Point, 321 N.C. 252 , 362 S.E.2d 553 (1987) (“A county ... may not exercise jurisdiction over any part of a city located within its borders.”) (citations omitted).

App. 26, 38 (adopting an ordinary definition of “building” that did not indicate permanence), modified and aff’d, 321 N.C. 252, 256 (1987) (declining to affirm based on the Court of Appeals’ definition of “building,” and doing so instead “for a different and narrower reason”).

“They are authorized to exercise only those powers expressly conferred upon them by statute and those which are necessarily implied by law from those expressly given.” Davidson Cnty. v. High Point, 321 N.C. 252, 257 , 362 S.E.2d 553, 557 (1987) (citations omitted).

CITY OF CHARLOTTE 2022-NCCOA-203 Opinion of the Court ¶ 20 The dispositive issue on appeal is whether the trial court erred, as a matter of law, in concluding Defendant’s collection of capacity fees for fiscal years 2016-2018 was an ultra vires action.2 Analysis ¶ 21 Defendant contends the capacity fees it charged during fiscal years 2016-2018 were not ultra vires because Defendant (1) provided users with contemporaneous service at the time they paid the capacity fee; and (2…

CITY OF CHARLOTTE 2022-NCCOA-203 Opinion of the Court ¶ 20 The dispositive issue on appeal is whether the trial court erred, as a matter of law, in concluding Defendant’s collection of capacity fees for fiscal years 2016-2018 was an ultra vires action.2 Analysis ¶ 21 Defendant contends the capacity fees it charged during fiscal years 2016-2018 were not ultra vires because Defendant (1) provided users with contemporaneous service at the time they paid the capacity fee; and (2…

The Court has further stated that “cities[] exist solely as political subdivisions of the State and are creatures of statute [enacted by the General Assembly],” Davidson County v. City of High Point, 321 N.C. 252, 257 , 362 S.E.2d 553, 557 (1987), and so have “no inherent powers, and can exercise only such powers as are expressly conferred by the General Assembly and such as are necessarily implied by those expressly given.” High Point Surplus Co., 264 N.C. at 654 , 142 S.E.…

“Counties, like cities, exist solely as political subdivisions of the State and are creatures of statute.” Davidson County v. City of High Point, 321 N.C. 252, 257 , 362 S.E.2d 553, 557 (1987).

Davidson County v. City of High Point, 321 N.C. 252, 259 , 362 S.E.2d 553, 558 (1987).

See also Davidson County v. City of High Point, 321 N.C. 252, 259 , 362 S.E.2d 553, 558 (1997) (holding that a county may not attach conditions that impose limitations outside the scope of its authority). *105 The trial court simply ruled that the Board of Adjustment could not impose conditions that were in derogation of either the express conditions of the UDO, or the reasonable conditions permitted in addition to those expressly provided.