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Having made such substantial investments and carried out the prior phases of its <br /> development, in reliance upon the approved PUD, it would be inequitable for the Board now to <br /> prohibit the petitioner from completing that development as approved. <br /> <br /> 4. The Board may nOt shift the burden of its constitutional responsibility to provide <br /> <br /> educational facilities to the petitioner and other private property owners in this manner. The <br /> North Carolina Constitution provides that "the People have a right to the privilege of education, <br /> and it is the duty of the State to guard and maintain that right." Art. 1, Sec. 15. It further <br /> provides that: "...the General Assembly may assign to units of local government . . . <br /> responsibility for the financial support of the free public schools as it may deem appropriate..." <br /> The General Assembly has delegated the responsibility to provide school facilities to the <br /> <br /> counties. N.C. Gen. Stat. § 115C-408 states that "it is the policy of the State... that the facility <br /> .. <br /> requirements for a public education system will be met by County government." <br /> <br /> By implication, denial of the petitioner's plat on grounds that the County does not have <br />adequate schools shifts the burden of this responsibility to the petitioner and other private <br />property owners. As a consequence, such property owners must either i~ssume that responsibility <br />themselves or be deprived of use and enjoyment of their property without compensation in <br />violation of the "takings" clause. That is not constitutionally pe,a-,issible, and there is no <br />statutory authority given to the County to make such an imposition, as discussed above. <br /> <br /> 5. The denial of' this petition would violate the "equal protection'.' clause of the <br /> <br />Constitution. The 14tu Amendment of the U.S. Constitution also provides that it is unlawful for <br />States (and their subdivision) to deprive citizens of "equal protection"under the law. Upon <br />information and belief, the County has akeady approved some developments notwithstanding a <br />shortage of school facilities, and application of the new "adequate public facilities" ordinance. <br /> <br />4 <br /> <br /> <br />