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During NAHB's recent fall NAHB board meeting in New York, the NAHB Legal Action Committee on Sept. 22 recommended grants from the association’s Legal Action Fund (link is for members only) to support cases challenging attempts by municipalities and other agencies to make development pay for more than its fair share of infrastructure improvements.
The fund was created to ease the burden on NAHB members and home builders associations that want to pursue expensive and time-consuming cases involving nationally significant issues or legal matters commonly faced by builders and developers.
The cases, approved in September by the NAHB Executive Board for funding assistance, include:
The Idaho Building Contractors Association, based in Boise, has challenged a ruling by the Idaho Public Utilities Commission that limits the refund developers can receive for installing power line infrastructure. The state association has appealed the commission’s decision to the Idaho Supreme Court, and NAHB has agreed to provide financial assistance for the challenge.
The Cabarrus County Building Industry Association in Concord, N.C., has successfully challenged county authority in North Carolina to implement an adequate public facilities ordinance. NAHB provided funding for the lawsuit when the BIA originally intervened in a challenge brought by area developers and is arguing that, because the municipality did not have authority to levy fees charged under the ordinance, the fees amounted to an unlawful tax. The county has appealed that decision and NAHB will again provide funding so that the BIA can successfully defend its victory in appeals court.
The committee reviews Legal Action Fund applications three times a year in conjunction with NAHB board of directors meetings.
Applications for consideration at the board meeting during the 2011 NAHB International Builders’ Show in Orlando are now available. Download applications and guidelines from the members-only pages of the NAHB Web site at www.nahb.org/legalaffairs.
For more information on the grant program, e-mail Christopher Whitcomb at NAHB, or call him at 800-368-5242 x8329.