SHENANDOAH HOMES LLC, and CAPITAL PROPERTIES OF RALEIGH II, LLC v. TOWN OF CLAYTON

If you paid Capacity Fees to the Town of Clayton (“Town”) on or between February 26, 2016 and June 30, 2018, then you may be eligible to receive benefits from a class action settlement

The Superior Court of Johnston County, North Carolina authorized the notice.

This is not a solicitation from a lawyer.

• This notice informs you of a proposed settlement in a class action lawsuit, based on allegations that the Town unlawfully collected water Capacity Fees, as defined in section 2 below, as a condition of building a structure in the planning jurisdiction of the Town. The settlement resolves the lawsuit. The Town 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. You do not need to submit any supporting evidence of proof of payment with your Claim Form; however, all claims are subject to verification.
• 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 OCTOBER 20, 2020	This is the only way to receive benefits. You do not need to submit any supporting evidence of proof of payment with your claim form; however, all claims are subject to verification.
EXCLUDE YOURSELF BY MAY 22, 2020	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 MAY 22, 2020	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 June 22, 2020.
DO NOTHING	Get no benefits from the Settlement. Give up any rights you might have to ever sue the Town about the legal claims in this case and resolved by the Settlement.

• The Court in charge of this case still must 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.
• Your 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 here regularly for updates and further details.