Top Class Actions  |  November 4, 2020

Category: Closed Class Actions

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This settlement is closed!

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Carolina Beach, North Carolina, has agreed to pay $850,000 to resolve claims that it wrongfully collected “facility fees” from developers. Under the settlement, eligible people and companies can collect up to 81% reimbursement for the fees they paid.

The settlement benefits individuals or organizations which paid facility fees to Carolina Beach between Aug. 9, 2016, and June 30, 2018. The settlement Class excludes entities that entered into a development agreement with the city that included terms regarding water or sewer capacity payment.

The Carolina Beach fees class action lawsuit was filed by Stier Construction Co. Inc. and Bryan Humphrey Design Build Inc. — two construction companies that claim they were wrongfully charged “facility fees,” according to local news outlet WECT. These fees were reportedly charged to developers to compensate for the effect of new developments on existing water and sewer lines.

At first glance, these fees may seem to be reasonable and above board.

However, a 2016 North Carolina Supreme Court decision changed the ways local governments can charge these and other development fees.

In this ruling, the high court determined municipalities lack the statutory authority to charge water and sewer fees before a developed piece of land is actually connected to those systems.

By charging facility fees for water and sewer services as a mandatory condition of connecting these services to a new development, Carolina Beach allegedly violated the high court’s ruling.

The city of Carolina Beach has not admitted any wrongdoing but has agreed to resolve the claims against it in a $850,000 settlement. The deal was reportedly reached through mediation with the town council in the hopes of avoiding the costs and risks of continuing to litigate the issue through to a trial.

“The Town expressly denies wrongdoing and does not admit or concede any actual or potential fault, wrongdoing, or liability to Plaintiffs, the Settlement Class, Class Counsel, or to any other person or entity in connection with any facts or claims that have been alleged against it in the Action,” the settlement agreement notes. “In fact, the Town expressly denies all such liability.”

Although no liability has been assigned, Class Members still have the opportunity to recover significant compensation from the deal.

Under the terms of the Carolina Beach settlement, Class Members can collect up to 81% reimbursement for the facility fees they paid to the city. Exact payment amounts may be reduced from 81% reimbursement on a pro rata basis depending on the number of claims filed.

In order to benefit from the settlement, Class Members must file a valid claim form by Dec. 26, 2020. No proof of payment is required in order to file a valid claim form and benefit from the settlement.

The deadline for exclusion and objection was Sept. 28, 2020. Final approval was granted to the settlement during the fairness hearing on Oct. 27, 2020.

Who’s Eligible

Individuals or organizations that paid facility fees to Carolina Beach between Aug. 9, 2016, and June 30, 2018. The settlement Class excludes entities that entered into a development agreement with the city that included terms regarding water or sewer capacity payment.

Potential Award

Up to 81% reimbursement of fees paid.

Exact payment amounts may be reduced from 81% reimbursement on a pro rata basis depending on the number of claims filed.

Proof of Purchase

No proof of fee payment is required.

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

12/26/2020

Case Name

Stier Construction Company Inc., et al. v. Town of Carolina Beach, Case No. 19-cvs-2999, in the North Carolina General Court of Justice for New Hanover County, Superior Court Division

Final Hearing

10/27/2020

Claims Administrator

Carolina Beach Facility Fee Settlement Administrator
1650 Arch Street, Suite 2210
Philadelphia, PA 19103
info@carolinabeachfacilityfeesettlement.com
1-833-660-1399

Class Counsel

Daniel K. Bryson
Scott C. Harris
John Hunter Bryson
WHITFIELD BRYSON & MASON LLP

Defense Counsel

Dan Hartzog Jr.
HARTZOG LAW GROUP

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4 thoughts onCarolina Beach Facility Beach Class Action Settlement

  1. CYNTHIA BRADSHAW says:

    Add me please..

  2. Deb says:

    Would this also apply to residents of a sewer system put in Marcellus township Mi where they charged me sewer fees for about a year prior to connection to the sewer?

    1. Justin says:

      No…bitch.

      1. Disgusted by j says:

        Your disgusting

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.