Brooks Pierce Attorneys Quoted in The News & Observer on Class Action Certification

Brooks Pierce attorneys Matt Tynan and Bob King were quoted in an article published by The News & Observer on March 5, 2021.

The article, “Lawsuit Seeks Millions in Impact-fee Refunds for Orange County Home Buyers, Developers,” discusses the certification of two classes of plaintiffs with claims against Orange County, North Carolina, which was upheld by the Supreme Court of North Carolina in December 2020. Tynan and King are counsel for the two plaintiff classes.

At issue in the lawsuit, Zander v. Orange County, are fees charged to individuals and developers who constructed new residences in Orange County between Jan. 1, 2009, and Dec. 31, 2016. During that time, the county charged a purported “school impact fee” for all new residential construction, with fees as high as $11,423 for a single-family home.

In an Opinion issued Dec. 18, 2020, the Supreme Court of North Carolina upheld the class action certification and rejected the county’s arguments that the claims were time-barred. This ruling allows the lawsuit, which could result in millions of dollars in fees being returned to residential developers and individuals, as well as an award of interest and statutory attorneys’ fees, to proceed as a class action on behalf of all people similarly situated.

For additional information on the case, click here.

To access the full article with a subscription, click here.