Cary's old Adequate Public Schools Facilities Ordinance (APFSO) took another legal beating today.
The state Court of Appeals upheld that Cary illegally required developers and home builders to set aside money for schools in exchange for municipal approval of projects.
From 1999 to 2004, Cary required developers to get certificates from the Wake County school system that there were enough seats in town schools to handle the proposed projects. In lieu of the school district's approval, builders and developers could pay fees to the town.
"The Town of Cary had no statutory authority to adopt the APSFO or accept fees under it ... and the APSFO illegally shifted the burden of paying for public education to the subdivision builder-plaintiffs in this case," the appellate panel wrote.
The ordinance had been one of the signature programs of then-Mayor Glen Lang.
Click here to read the ruling.