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This settlement is closed!
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Apex, North Carolina recently agreed to pay more than $15 million to resolve claims that they overcharged for certain building fees.
The settlement will benefit businesses or entities who paid the Town of Apex, N.C. capacity fees between March 23, 2015 and June 20, 2018 and/or transportation fees between April 9, 2015 and June 1, 2018.
Two separate class action lawsuits are resolved through the Apex fees settlement. Upright Builders Inc. was a plaintiff in both of the class action lawsuits, while Legacy Custom Homes Inc. was a plaintiff only in the impact fee complaint.
The class action lawsuits were filed in 2018 and claimed that Apex improperly collected fees in a way that allowed them to retain funds to be used on future projects. The two companies claimed that the town lacked the authority to collect fees in this manner.
The Town of Apex does not admit any wrongdoing by settling the case against them. Instead, the settlement will resolve claims while avoiding the costs and risks of continuing litigation.
The amount each claimant can recover depends on when they paid their capacity and/or transportation fees. The exact stipulations are detailed in the “Potential Award” section below.
In order to receive payment, claimants need to file a valid claim by Aug. 26, 2019. Claims can be submitted online or through the mail. Claimants will need to submit proof of payment with their claim in order to receive payment.
The deadline for exclusion or objection is April 29, 2019. The final approval hearing for the settlement is scheduled for May 28, 2019.
Who’s Eligible
Businesses who paid the Town of Apex, North Carolina capacity fees between Mar. 23, 2015 and June 20, 2018 and/or transportation fees between April 9, 2015 and June 1, 2018.
Potential Award
Capacity fees:
- Paid between 3/23/2015 and 10/1/2017: up to 50 percent reimbursement;
- Paid between 10/1/2017 and 6/20/2018: up to 10 percent reimbursement.
Transportation fees:
- Paid between 3/23/2015 and 6/1/2018: up to 50 percent reimbursement.
Proof of Purchase
Evidence of capacity and/or transportation fees paid to the Town of Apex.
Claim Form
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
8/26/2019
Case Name
Upright Builders Inc., et al. v. Town of Apex, Case No. 18-CVS-3720, and Upright Builders Inc., v. Town of Apex, Case No. 18-CVS-4384, in the North Carolina General Court of Justice
Final Hearing
5/28/2019
Settlement Website
Claims Administrator
Upright Builders v. Town of Apex Settlement
1650 Arch Street, Suite 2210
Philadelphia, PA 19103
1-855-463-2690
info@ApexImpactFeeSettlement.com
Class Counsel
Daniel K. Bryson
J. Hunter Bryson
WHITFIELD BRYSON & MASON LLP
Defense Counsel
Susan Burkhart
CRANFILL SUMNER & HARTZOG LLP
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2 thoughts onApex, N.C. Impact Fees Class Action Settlement
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Does this settlement include individuals who paid an Apex based Contractor to build their home but paid water and wastewater fees themselselves?