Davis v. Town of Southern Pines
Davis v. Town of Southern Pines
Opinion of the Court
The judgment appealed from dismissed petitioner’s declaratory judgment action to invalidate an ordinance of the Town of Southern
The only question presented is whether the provision requiring petitioner to pay $950 to tap onto the sewer line is discriminatory since the Town permits some homeowners to tap onto the service for $200. The provision is not discriminatory because it is rationally related to the Town’s costs in providing the service involved. Town of Spring Hope v. Bissette, 53 N.C. App. 210, 280 S.E.2d 490 (1981), aff'd, 305 N.C. 248, 287 S.E.2d 851 (1982).
Petitioner further argues that the ordinance is invalid because it imposes an assessment and the procedures for imposing assessments were not followed. The argument cannot be entertained because that position was not asserted in the trial court. The case was adjudicated upon stipulated facts, one of which is that the tap-on charge that plaintiff paid is not an assessment, and the facts agreed to in the trial court cannot be contradicted here. Thomas v. Poole, 54 N.C. App. 239, 282 S.E.2d 515 (1981), disc. review denied, 304 N.C. 733, 287 S.E.2d 902 (1982). Furthermore, it has been generally held that sewer charges are not assessments, but tolls or rents for using the facilities involved. Covington v. City of Rockingham, 266 N.C. 507, 146 S.E.2d 420 (1966).
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.