County: “legally prohibited from assessing”

A  memorandum dated April 14, 2009 from Marlene R. Everitt, Assistant County Attorney, provided a legal opinion that answered the following question:

“In order to reduce the paving costs to the property owners fronting on all unpaved roads in the Community, can the cost of paving be divided among and assessed to all 425 lots within the Community?”

The brief answer is:

“No under the facts presented, the costs of the paving must be assessed to properties that will benefit from the paving and cannot be divided among and assessed to those properties that do not front on the roads to be paved.”

The opinion can be read in full here:  Ranchettes Paving Legal Opinion

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