Belmont, N.C. Water and Sewer Impact Fees Class Action Settlement

The city of Belmont, N.C. recently agreed to pay nearly $1.7 million to resolve claims that they charged deceptive water and sewer fees to residents.

The recent settlement will benefit individuals who, between Oct. 10, 2014 and June 30, 2018, paid impact fees or system development fees to the city of Belmont as a condition of building a structure in the planning jurisdiction of the city.

Plaintiff Larry Shaheen filed his class action lawsuit in October 2017, claiming that Belmont charged fees that were outside of its legal authorities.

Shaheen allegedly experienced this fee structure in July 2015 when he was forced to pay $6,950 in impact fees in connection with a home.

The City allegedly charged impact fees for water and sewage as a condition of building in the city rather than for actual usage of said services.

Shaheen’s class action lawsuit claimed that the City could not charge impact fees for the future expansion of water and sewage services, instead these fees are supposed to be charged only when services are used.

“The Impact Fees charged by Belmont pursuant its code of ordinances, to Plaintiff and others similarly situated, are for potential expansion or future water or sewer services or systems, rather than for the contemporaneous or actual usage of said services or systems,” the Belmont class action lawsuit states. “This is unlawful and North Carolina as recent legislation has implicitly acknowledged such.”

The city of Belmont has not admitted any wrongdoing by agreeing to pay $1,656,339 to resolve the claims against them. Instead, the settlement aims to resolve the litigation without the cost, time, and risks associated with going to trial.

Under the settlement, the city of Belmont has agreed to refund claimants for the impact fees and system development fees charged to them.

Class Members have until Sept. 17, 2019 to file a valid claim required to receive payment from the Belmont settlement.

The deadline for objecting to or excluding oneself from the settlement in April 20, 2019. The final approval hearing is scheduled for May 20, 2019.

Who’s Eligible

Individuals who, between Oct. 10, 2014 and June 30, 2018, paid impact fees or system development fees to the City of Belmont, N.C. as a condition of building a structure in the planning jurisdiction of the city.

Potential Award

A refund of impact fees and system development fees charged by the city.

• “The City will pay from the Fund to all Settlement Claimants, 60 days from the Effective Date, an amount equal to 10% of the Impact Fees paid to the City by Settlement Claimants, less awarded attorneys’ fees, expenses, and service awards. Said payment shall be capped at 10% payment of the settlement fund for Impact Fees.
• The City will pay from the Fund to all Settlement Claimants, by October 31, 2019, 45% of the Settlement Claimant’s Fees, less awarded attorneys’ fees, expenses, and service awards. Said payment shall be capped at 45% payment of the settlement fund for Impact Fees.
• The City will pay from the Fund to all Settlement Claimants, by December 31, 2019, 45% of the Settlement Claimant’s Fees, less awarded attorneys’ fees, expenses, and service awards. Said payment shall be capped at 45% payment of the settlement fund for Impact Fees.”

Proof of Purchase

N/A

Claim Form

CLICK HERE TO FILE A CLAIM »

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

9/17/2019

Case Name

Shaheen v. City of Belmont, Case No. 17-CVS-3924, in the North Carolina General Court of Justice, Superior Court Division

Final Hearing

5/20/2019

Settlement Website

www.BelmontSettlement.com

Claims Administrator

Shaheen v. City of Belmont Settlement
1650 Arch Street, Suite 2210
Philadelphia, PA 19103
[email protected]
1-844-336-1274

Class Counsel

Daniel K. Bryson
J. Hunter Bryson
WHITFIELD BRYSON & MASON LLP

Defense Counsel

Patrick Flanagan
CRANFILL SUMNER HARTZOG LLP