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Batch V. Town Of Chapel Hill - Takings Law And Exactions: Where Should North Carolina Stand?, Elizabeth K. Arias

Campbell Law Review

This note argues that the North Carolina Supreme Court improperly decided Batch v. Town of Chapel Hill by ruling on a mere technicality. Instead the court should have focused on the nature of the town's ordinance and the required exaction and should have addressed Dr. Batch's takings claim. Proper analysis of Dr. Batch's claim indicates that the condition the Town of Chapel Hill imposed was an unconstitutional exaction. Part I of this note sets out the factual background and issues raised by the Batch decision and details the reasoning of both the North Carolina Court of Appeals and the North …