Top Class Actions  |  April 29, 2021

Category: Closed Class Actions

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"Fees" spelled out in letter blocks with coins on top of the F - AAA fees - lennar carolinas - mooresville fees

The town of Mooresville, North Carolina, has reached an $8 million settlement with Lennar Carolinas and M/I Homes of Charlotte benefiting residents who paid certain fees to the town.

Any person or organization that paid Water and Sewer Availability Fees and/or System Development Fees to the town of Mooresville on or between Nov. 9, 2015, and March 1, 2021, that are at issue in the class action lawsuit is considered a Class Member.

Plaintiffs in a class action lawsuit had alleged the water and sewer availability and/or system development fees Mooresville collected were unlawful.

The town lacked proper authority from the state’s general assembly to charge the fees, according to a report in the Mooresville Tribune.

The town has denied all allegations of wrongdoing, and a court has not found in favor of either side.

Mooresville Fees Settlement Benefits

The $8 million settlement fund will be made up of $7.250 reserved for claimants who paid water and sewer availability and/or system development fees to the town from Nov. 9, 2015, through June 30, 2018, and $750,000 reserved for Claimants who paid water system development fees to the city from July 1, 2018, through March 1, 2021.

Mooresville will pay up to 67.5 percent of the total amount of water and sewer availability and/or system development fees a claimant paid during the relevant period. If any funds remain, they will be distributed on a proportionate basis to Class Members up to their full claim amount.

Mooresville will pay claimants up to 10 percent of the water system development fees paid during the relevant period, with any remaining funds being redistributed on a proportionate basis up to the claimant’s full claim amount.

Attorneys’ fees and other costs will be paid from the settlement fund, as well.

Payments to Class Members will not be issued until the Court grants final approval to the settlement.

The final approval hearing is scheduled for June 18, 2021.

Class Members who wish to exclude themselves from or object to the Mooresville fees settlement must do so by May 27, 2021.

The deadline to submit a claim form is Aug. 10, 2021.

Who’s Eligible

Any person or organization that paid Water and Sewer Availability Fees and/or System Development Fees to the town of Mooresville on or between Nov. 9, 2015, and March 1, 2021, that are at issue in the class action lawsuit.

Potential Award

Varies.

  • Mooresville will pay up to 67.5 percent of the total amount of water and sewer availability and/or system development fees a claimant paid during the relevant period. If any funds remain, they will be distributed on a proportionate basis to Class Members up to their full claim amount.
  • Mooresville will pay claimants up to 10 percent of the water system development fees paid during the relevant period, with any remaining funds being redistributed on a proportionate basis up to the claimant’s full claim amount.
Proof of Purchase

No proof of purchase is required.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

08/10/2021

Case Name

Lennar Carolinas LLC et al. v. Town of Mooresville, Iredell County, Case No. 18-CVS-2792, and M/I Homes of Charlotte LLC, et al. v. Town of Mooresville, Iredell County, Case No. 18-CVS-3105 in the General Court of Justice, Superior Court Division, Iredell County, North Carolina

Final Hearing

06/18/2021

Claims Administrator

Lennar Carolinas v. Town of Mooresville Settlement
P.O. Box 10269
Tallahassee, FL 32302-2269
833-594-2014
claims@ssiclaims.com

Class Counsel

James DeMay
FERGUSON, HAYES, HAWKINS & DEMAY PLLC

Madeline Trilling, John Scarbrough & James Scarbrough
SCARBROUGH, SCARBROUGH & TRILLING PLLC

Gary Shipman & William Wright
SHIPMAN & WRIGHT LLP

Defense Counsel

Patrick H. Flanagan
CRANFILL SUMNER & HARTZOG LLP

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2 thoughts onMooresville, North Carolina, Development Fees $8M Class Action Settlement

  1. Emma Bozeman says:

    Waiting for the mail man to see what is inside

    1. Dw says:

      Did you get a check

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