City of Southport v. Plantation Building of Wilmington

 North Carolina General Court Of Justice, Superior Court Division |  Case No. 19-CVS-648

What is the Lawsuit about?
The case alleges that the City unlawfully collected Impact Fees on or between April 1, 2016 and June 30, 2018. “Impact Fee” means any impact or allocation fee charged by the City to any Claimant or Plaintiff as a mandatory condition to the City issuing building permits from April 1, 2016 through and until June 30, 2018.

The Plaintiff’s Complaint, the Settlement Agreement, and other case-related documents are posted here. The Settlement resolves the lawsuit.

The Parties agreed to conduct a court ordered mediation before Barbara “Bonnie” Weyher. and a mediation was thereafter held by the Parties on May 6, 2021, in an effort to negotiate in good faith and at arms-length to determine if a settlement between the Parties was possible or if protracted litigation would be required.

How do I know if I am in the Settlement?
You are in the Settlement Class if you are a person or organization who paid Impact Fees on or between April 1, 2016 and June 30, 2018 which are at issue in this action.
What are my options?
Submit a Claim Form by JANUARY 11, 2022 This is the only way to receive benefits. You do not need to submit any supporting evidence of proof of payment with your claim form; however, all claims are subject to verification.
Exclude Yourself by August 14, 2021 Request to be excluded and get no benefits from the Settlement. This is the only option that allows you to start or continue your own lawsuit against the City for any claims you might have that would otherwise be subject to the Release contained in the Settlement. The City will not have waived any defense it may have to any such lawsuit.
Do Nothing Get no benefits from the Settlement. Give up any rights you might have to ever sue the City about the legal claims in this case and resolved by the Settlement.


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