After nearly a five year legal battle, Union County reached a settlement with several local developers.
In October 2006, the County adopted the Adequate Public Facilities Ordinance into its Land Use Ordinance. The ordinance was designed to prevent developers from building subdivisions of more than five homes in places where schools are almost at capacity. The alternative was for developers to pay the school system a fee for each house built.
The North Carolina Court of Appeals declared that the APFO was invalid, and the Supreme Court refused to review the decision.
After the original court case, the developers filed a motion with the Union County Superior Court, requesting that Union County be responsible for the all legal fees, which exceeded $200,000 by the time all proceedings were completed.
After the developers extended an offer to settle the case for $27,500, the County countered by offering to provide the estimated costs of defending the appeal in the sum of $15,000, which was accepted.