Supreme Court Re-Instates Class Action for Impact Fees

Brooks Pierce attorneys Matt Tynan, Bob King, Dan Smith, and Will Robertson represent two plaintiff-classes in an action against Orange County and Town of Chapel Hill. In Zander v Orange County, plaintiffs allege that Defendants illegally imposed millions of dollars in purported “impact fees” and then failed to use the “fees” for the benefit of the local school districts. The two classes were originally certified in July 2018 and that certification was unanimously affirmed by the North Carolina Supreme Court in December 2020. The trial court later granted summary judgment for the defendants, dismissing plaintiffs’ claims. The Court of Appeals affirmed, with a dissent by Judge Stading. On December 13, the Supreme Court reversed the Court of Appeals in a 5 to 1 vote and returned the case to the trial court for final disposition and calculation of damages. Plaintiffs hope to complete this long-running litigation in the first half of 2025.