Overview of Current Litigation

This case was filed in 2013 and claimed a partial refund of impact fees paid to the Washington County Water Conservancy District between August 23, 2012 and December 31, 2017.

Attorneys who represent the class members (those who paid the impact fees) and attorneys for the WCWCD have reached a proposed settlement agreement that has been preliminarily approved by the court. The proposed settlement agreement may be found HERE. The court order may be found HERE. If final approval is granted, a partial refund will be issued for each of about 10,000 impact fee payments. The first of these refunds may be available as early as September, 2026.

Notice to Class Members

At some time between May 12 and May 14, notice of the details of the preliminarily-approved settlement is to be mailed to those who previously received a notice of the litigation about three years ago unless the person receiving the previous notice has opted out of the case. In that event, no notice will be sent and no refund paid to that potential class member.

The text of the notice being sent in May of 2026 may be found HERE.

Claim a Refund.

Refunds will generally be in the amount of $820 to $1050 per residence, depending on the year the fee was paid. The court-approved claim form for a partial refund may be found HERE. There are blanks on this form that must be filled out correctly to qualify for the refund. To request a copy of the form filled out with your claim information, send an email, noting the claim form shown on any written notice you received, to

info@impactfeeclassaction.com.

Right to Object to the Settlement.

Only class members may object to the terms of the proposed settlement, and may only do so by filing an objection with the class administrator by the deadline for objections. The class administrator will provide a copy of timely objections to the court as well as to attorneys for the class members and the Washington County Water Conservancy District. Details for objecting are as follows:

1. The deadline for a written or email objection is Saturday, June 6. If sent via mail or email, the class administrator must receive it by that date.
   • Send an objection by mail to: Anderson Call & Wilkinson PC, Class Administrator, P.O. Box 13295, Ogden, UT 84412.
   • Send an objection by email to: ccall@andersoncall.com.
2. The objection must include:
   • The class member’s name and address,
   • The class member’s telephone number,
   • Proof of class membership (see below), and
   • A statement of the grounds for the objection.
3. Any class member who fails to provide a copy of the objection to the class administrator on or before June 6, 2026 will have waived and objection and shall be bound by all terms of the Settlement Agreement and all orders of the Court.
4. Class members may attend the hearing before the Court on June 11, 2026 at 9:30 a.m. The Court will only consider objections which were timely made as explained above.
5. Proof of Class Membership. Not all who may receive a notice are class members. According to the Court’s order of June 30, 2022, class members are defined as “the individual or entity whose assets, either directly or indirectly, were used to satisfy the impact fee for a particular parcel of residential property.” The order also provides “In cases where multiple individuals or entities are associated with the payment of an impact fee . . . the class member for that parcel shall be the individual or entity who actually incurred the cost or burden of the fee and holds the strongest claim in law or equity to the refund, if any.”
6. In accordance with the Court’s order in 2022, as many as four or five notices may have been mailed to individuals associated with any one impact fee payment. These potential class members may have included the person who applied for a subdivision approval or building permit; the person or entity which owned the land at the time the approval or permit was requested; the person shown on the water district’s accounts as having issued the check that paid the fee; and, in the case of a fee paid by a bank or title company, the borrower or both the buyer and seller when a house was sold at the time the fee was paid. Only one of these individuals will receive a refund. The class administrator is given the task of identifying the individual or entity which is entitled to the refund.

Proof of class membership might include a copy of the cancelled check which was used to pay an impact fee or a copy of the final Settlement Statement or Closing Statement related to a bank loan or real estate sale showing that the class member’s funds from the transaction were used to pay the impact fee. A cost plus contract with a contractor might also suffice to show that it was the property owner, and not the contractor, who bore the burden of the fee payment.