This lawsuit was filed against the Town of Angier on behalf of all individuals, proprietorships, partnerships, corporations, and other entities who (a) from July 30, 2016 through July 20, 2020 (b) paid access fees, acreage fees, capacity fees, connection fees, impact fees, regulatory fees and/or system development fees (herein cumulatively “impact fees”) to the Town of Angier.  Plaintiff contends that the Town of Angier unlawfully imposed water and sewer impact fees without authority from the North Carolina General Assembly. The Town of Angier vigorously denies these allegations.  However, to avoid the risk and uncertainty inherent in litigation, the Town of Angier has elected to settle this case.

The settlement class is defined as “all individuals, proprietorships, partnerships, corporations, and other entities who (a) from July 30, 2016 through July 20, 2020 (b) paid access fees, acreage fees, capacity fees, connection fees, impact fees, regulatory fees and/or system development fees to the Town of Angier.

Notice of the proposed settlement was mailed to the last known address of the Settlement Class Members to advise of certain benefits that Settlement Class Members may be entitled to receive pursuant to the settlement of this class action lawsuit, which is pending in Harnett County Superior Court, Lillington, North Carolina.  In addition, Notice was mailed to advise Settlement Class Members of a Court hearing on the proposed settlement, and of Settlement Class Members’ rights in connection therewith. Settlement Class Members should read the entire Notice carefully because their rights may be affected. For example, if you are a member of the Settlement Class, you will be part of the settlement unless you exclude yourself on a timely basis. A copy of the Notice is available at www.angierimpactfeesettlement.com

If the Settlement is approved, the Town will provide two monetary payments to class members who paid water and sewer access fees, acreage fees, capacity fees, connection fees, impact fees, regulatory fees and/or system development fees. Town of Angier will establish a Settlement Fund equal to one million two hundred thousand dollars ($1,200,000.00) less attorneys’ fees and costs as awarded by the court.

In the event a Settlement Class Member to whom a distribution is due cannot be found during the nine-month period after this Action becomes Final and after the Class Notice Administrator has applied good faith efforts to locate such person, such amount shall revert back to the Common settlement fund to be distributed in the following manner: If the total amount of uncashed checks for Class Members’ benefits is less than $1,000.00, that money shall be paid to the Downtown Angier Revitalization Fund.  If the amount of uncashed checks for Class Members’ benefits is more than $1,000.00, that money shall be paid to Class Members in the same percentages as their Class Member benefits checks from the common fund.  For a further description of these benefits, please consult the Notice of Class Action and Proposed Settlement.

You are a member of the Settlement Class if you paid you paid water and/or sewer acreage fees, access fees, connection fees, capacity fees, regulatory fees and/or system development fees paid to the Defendant Town of Angier from July 30, 2016 to July 20, 2020. However, if your address has changed since you paid those fees to the Town of Angier, you should complete a Settlement Class Member “Change of Address Form” to assure that the Class Notice Administrator has information concerning your current address. Any Settlement Class Member that is not located within nine-months of this Settlement becoming final, will not receive payment from the settlement.  The Change of Address Form must be completed in full, signed and returned to: Class Notice Administrator, 575 Military Cutoff Rd., Suite 102, Wilmington, N.C. 28405. 

If you do not wish to participate in the proposed settlement, you may exclude yourself from the settlement by “opting out.” If you opt out of the settlement, you will not have the right to share in any of the settlement proceeds. If you decide to opt out of the settlement, you must submit a written and signed request for exclusion, titled “Request for Exclusion,” which sets forth your name, address, telephone number, the approximate date of the impact fee payments and an affirmative statement that you wish to be excluded from the Settlement Class. The signed Request for Exclusion must be filed with the Office of the Clerk of the Superior Court, General Court of Justice, located at the Harnett County Courthouse at 301 W. Cornelius Harnett Blvd, Suite 100, Lillington, N.C. 27546 on or before the 30^th day of November, 2020 copies of the Request for Exclusion postmarked by the 30^th day of November, 2020 to Angier Impact Fee Class Acton – Exclusions, 575 Military Cutoff Rd., Suite 102, Wilmington, N.C. 28405.  The signed Request for Exclusion must also be mailed and postmarked by the same date to the lawyers for the parties who are identified in the Notice of the Proposed Settlement.

A Fairness Hearing will be held on December 18, 2020, at 10:00 a.m., via WebEx hearing to determine whether the Court should approve the proposed Settlement. You do not need to attend the hearing, although you have the right to do so. The hearing may be continued to a later date without further notice.

If you wish to object to the fairness, reasonableness or adequacy of the Settlement Agreement or the Settlement, you  must file with the Clerk of the Court and serve on counsel for the Parties no later than thirty days after the initial mailing of the Notice or fourteen (14) days before the hearing on the motion for an Order Granting Final Approval, whichever is later, a written and signed document, entitled “Objection” which sets forth your full name, address, telephone number and fax number (if applicable), the name of the lawsuit Gregory, Inc. v. Town of Angier, Harnett County File No. 19-CVS-1598, each objection you may have, as well as the specific reason(s), if any, for each objection, including any legal support you wish to bring to the Court’s attention and any evidence you wish to introduce in support of the objection.

Settlement Class members may object either on their own or through any attorney hired at their own expense. The signed Objection and other materials must be mailed to the Clerk of Superior Court, Harnett County Courthouse, 301 W. Cornelius Harnett Blvd, Suite 100, Lillington, N.C. 27546, and received on or before November 30, 2020. The signed Objection and other materials must also be mailed by the same date to the lawyers for the parties who are identified in the Notice of the Proposed Settlement.

If a Settlement Class member hires an attorney to represent him, the attorney must:

(a) File a notice of appearance with the Clerk of Superior Court no later than December 4, 2020, and

(b) Within the same time period, serve a copy of such notice of appearance on counsel for the parties.

Any Settlement Class member who files and serves a written objection, as described herein, may appear at the hearing to object to the fairness, reasonableness, or adequacy of this settlement. Any Class member (or attorney) who fails to comply with the provisions of this paragraph and the preceding paragraphs shall waive and forfeit any and all rights or objections the Settlement Class member may have in this or any other action or proceeding, and shall be bound by all the terms of the settlement and by all proceedings, orders and judgments in the litigation.

If your address phone number has changed since you paid Impact Fees to the Town of Angier during the Settlement Class Period, you should complete a Settlement Class Member “Change of Address Form” to assure that the Class Notice Administrator has information concerning your current address. Any Settlement Class Member that is not located within nine-months of this Settlement becoming Final, will not receive payment from the settlement.  The Change of Address Form must be completed in full, signed and returned to:

Class Notice Administrator

575 Military Cutoff Rd., Suite 102

Wilmington, N.C. 28405