Town of Apex Impact and Transportation Fee Settlement

Settlement Structure: Claims Made

Active: Closed

Closed Settlement Statement:

According to court documents, the claim submission deadline has passed. Please contact the claims administrator if you have any questions.

Case Summary:

The Town of Apex, North Carolina is settling two class actions alleging that it improperly charged fees to go for future projects and development. The complaints alleged that the town charged builders of new structures impact fees (water and sewer capacity fees, capital reimbursement fees, and system development fees) and transportation fees.

Docket Number:

18-CVS-3720 and 18-CVS-4384

Company: Town of Apex

Filing Deadline: August 26, 2019

Class Period: March 23, 2015 to June 20, 2018

Objection Deadline: April 29, 2019

Exclusion Deadline: April 29, 2019

Final Approval Hearing: May 28, 2019

Proof of Purchase:

Those making claims for more than $5,000 must have their claim forms notarized. Those making smaller claims must only submit the claim form.


You may be eligible if

  • Between March 23, 2015 and June 20, 2018, you paid capacity fees, capital reimbursement fees, or system development fees (impact fees) to the town as a condition of building a structure in the planning jurisdiction of the town, or
  • Between April 9, 2015 and June 1, 2018, you paid transportation fees to the town, for impact to the existing transportation facilities within the town jurisdiction.
Typical Settlement Amount:

Portion of the fees paid to the town. For more information, see Question 7 of the Notice at http://www.apeximpactfeesettlement.com/documents/APEX_Class%20Notice.pdf.

Total Settlement Amount: $15,356,673

Class Representative Proposed Incentive Fee:


Law Firm:
Whitfield Bryson & Mason

Claim Form: Town of Apex Impact and Transportation Fee Settlement Claim Form

Case Name: Upright Builders, Inc., and Legacy Custom Homes, Inc. vs. Town of Apex and Upright Builders, Inc., vs. Town of Apex

Settlement Website: Town of Apex Impact and Transportation Fee Settlement Website

Claims Administrator:
Angeion Group

Claims Administrator Contact Information:

Upright Builders v. Town of Apex Settlement
1650 Arch Street, Suite 2210
Philadelphia, PA 19103

Tags: Government, Municipal Impact Charges or Charges Against Future Growth