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Orange County could refund millions in impact fees if class-action lawsuit succeeds

Added 03-05-21 06:04:02am EST - “Raleigh attorneys estimate several hundred homeowners and developers could get millions of dollars in refunds.” - News.yahoo.com

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Posted By TheNewsCommenter: From News.yahoo.com: “Orange County could refund millions in impact fees if class-action lawsuit succeeds”. Below is an excerpt from the article.

Orange County could be forced to refund millions of dollars to several hundred residents and developers who built new homes from 2009 to 2016 if a class-action lawsuit is successful.

The county faces the possibility of refunding at least $11 million to $12 million, plus attorneys’ fees and interest, Raleigh attorneys Matthew Tynan and Robert King III, representing the plaintiffs, estimated in a recent interview with The News & Observer.

Orange County had the state’s permission for 30 years to charge fees on new residential construction to help pay for new schools. In 2017, the state took that authority away, and a Chapel Hill couple sued to have some of their fees refunded.

In December, the N.C. Supreme Court rejected Orange County’s argument that the number of potential plaintiffs was limited because the deadline for many of them to file a lawsuit expired in 2009.

That meant homeowners and developers who paid an impact fee from March 3, 2014, to Dec. 31, 2016, were eligible to join the lawsuit, as well as those who paid more from 2009 to 2016 than they would have paid under a fee schedule update in 2016.

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