Upright Builders, Inc., and Legacy Custom Homes, Inc. vs. Town of Apex
(Sewer and water Impact Fee case)

Case No. 18-CVS-3720

and

Upright Builders, Inc., vs. Town of Apex
(Transportation Impact Fee case)

Case No. 18-CVS-4384

NORTH CAROLINA GENERAL COURT OF JUSTICE, SUPERIOR COURT DIVISION

If you paid Capacity Fees (“Impact Fees”) on or between March 23, 2015 and June 20, 2018 or Transportation Fees on or between April 9, 2015 and June 1, 2018 to the Town of Apex (“Town”), then you may be eligible to receive benefits from a class action settlement

  • This website informs you of a proposed settlement in a class action lawsuit, based on allegations that the Town unlawfully collected water and sewer Capacity Fees, Capital Reimbursement Fees, and System Development Fees, along with unlawfully collecting Transportation Fees, in order to retain funds for use on future projects and development. The settlement resolves the lawsuit. Town of Apex denies that it did anything wrong or unlawful and denies any liability to Plaintiffs and to the members of the Settlement Class.
  • You will need to file a Claim Form in order to qualify for benefits under the Settlement.
  • Your legal rights are affected whether you act, or don’t act. Read the Notice carefully.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

SUBMIT A CLAIM FORM BY AUGUST 26, 2019

This is the only way to receive benefits.

EXCLUDE YOURSELF BY APRIL 29, 2019

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 Town for any claims you might have that would otherwise be subject to the Release contained in the Settlement. The Town will not have waived any defense it may have to any such lawsuit.

OBJECT BY APRIL 29, 2019

Write to the Court about why you do not like the Settlement or why you think the Settlement is unfair, inadequate or unreasonable or should not be approved.

GO TO A HEARING

Ask to speak in Court about the Settlement and whether it should be approved. The Court’s Final Hearing is scheduled for May 28, 2019 at 10:00 a.m.

DO NOTHING

Get no benefits. Give up any rights you might have to ever sue the Town about the legal claims in this case and resolved by the Settlement.


  • These rights and options—and the deadlines to exercise them—are explained in the Notice. The deadlines may be moved, canceled, or otherwise modified, so please check the settlement website at www.ApexImpactFeeSettlement.com regularly for updates and further details.
  • The Court in charge of this case still has to decide whether to approve the Settlement. Benefits will be provided to eligible participants only if the Court approves the Settlement and after any appeals are resolved. Please be patient.