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This settlement is closed!
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The city of Asheville, North Carolina has agreed to pay $1.85 million to resolve claims that they unlawfully charged development fees to residents.
The settlement benefits individuals who paid development fees to the city of Asheville between Oct. 29, 2015 and June 30, 2018.
Plaintiffs filed their class action lawsuit against Asheville, North Carolina in October 2018, challenging the city’s “development fees” which were charged in connect with water services. Allegedly, these fees were required as a condition of building a structure within the city.
According to the plaintiffs, these fees violated the precedent of another case in North Carolina court which found that Carthage, North Carolina was unable to charge impact fees for the expansion of the city’s water services.
In addition to claiming that the Asheville development fees violated this legal precedent, the plaintiffs argued that the city lacks the legal authority to charge these fees under North Carolina law.
Asheville has not admitted any wrongdoing but has agreed to resolve the claims against them with a $1.85 million settlement. The deal was reportedly reached during court ordered mediation before a retired judge in late 2019, although the settlement agreement stresses the fact that Asheville does not believe the plaintiffs’ claims would stand in court.
“Nevertheless, the City considers it desirable to resolve this Action on the terms stated herein, in order to avoid further expense, inconvenience, interruption in its provision of water service, and interference with its governmental operations, and to dispose of costly and burdensome litigation,” the Asheville development fees settlement agreement states.
“Therefore, the City has determined that settlement of this Action on the terms set forth herein is in its best interest.”
Under the terms of the settlement, Class Members will be eligible to receive a refund reimbursement for the fees they paid to Asheville. Class Members can collect a refund of up to 54% of the development fees they paid. Refunds may not be the full 54% depending on the number of claims filed and the net settlement fund after fees and deductions are considered.
In order to benefit from the Asheville development fees class action settlement, Class Members must file a valid claim form by Oct. 6, 2020. No proof is required to benefit from the settlement, as the city of Asheville will verify development fees charged by claimants.
The deadline for exclusion and objection was May 8, 2020. The final approval hearing for the Asheville development fees settlement was held on June 10, 2020. During this hearing, the court granted final approval to the settlement as “fair, reasonable, and adequate,” and awarded attorneys’ fees, expenses, and plaintiff service awards.
Further questions about the settlement terms may be answered by the settlement website’s frequently asked question page. Consumers can also contact the settlement administrator if this page doesn’t address their questions.
Who’s Eligible
Individuals who paid development fees to the city of Asheville between Oct. 29, 2015 and June 30, 2018.
Potential Award
Reimbursement for paid development fees.
Class Members can collect a refund of up to 54% of the development fees they paid. Refunds may not be the full 54% depending on the number of claims filed and the net settlement fund after fees and deductions are considered.
Proof of Purchase
N/A
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
10/6/2020
Case Name
Mayfair Partners LLC, et al. vs. City of Asheville, Case No. 18-CV-04870, in the Superior Court Division of Buncombe County, North Carolina
Final Hearing
6/8/2020
Settlement Website
Claims Administrator
Asheville Development Fee Settlement Administrator
1650 Arch Street, Suite 2210
Philadelphia, PA 19103
info@ashevilledevelopmentfeesettlement.com
1-844-974-2440
Class Counsel
Daniel K. Bryson
John Hunter Bryson
WHITFIELD BRYSON & MASON LLP
Defense Counsel
Charles Meeker
Stephen Carey
PARKER POE ADAMS & BERNSTEIN LLP
Bradley Branham
CITY OF ASHEVILLE
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