Class Notice. In the meantime, the class administrator has prepared a list of the current addresses of each entity or individual who between August 2012 and December 2017 either 1) applied for a permit where an impact fee was paid to the WCWCD, 2) owned property related to the payment of an impact fee, 3) is listed in the WCWCD records as paying the impact fee, or, in the case of impact fees paid by a bank or title company, were 4) the person selling property when the fee was paid or 5) buying property when the fee was paid. A notice of the class action will be mailed to some 2,470 individuals in one or more of these categories defined by the court order as potential class members.
Each person receiving the notice may 1) opt out of the proceedings (If the court later determines that the person opting out was entitled to a refund, the person who opts out will not get that refund.); or 2) submit an form that will expedite the ability of the class administrator to communicate with the potential class member in the event that a refund is paid; or 3) do nothing. If the person does nothing, the class administrator will attempt to contact them again to notify them of a refund if one is due to that person.
Future The WCWCD and counsel for the class members may continue to discuss settlement of the case as both sides deem appropriate.
Timing After the Court of Appeals decision related to the special master is entered, perhaps in 2023, either the special master or the District Court will proceed to trial, hearing witnesses, reviewing evidence, and deciding the issues on the merits. This will most likely happen in later 2023 or 2024.
In the past, key decisions by the District Court have been appealed to the Supreme Court or Court of Appeals. It is expected that this will happen again, and one of these courts will review several issues related to the case once the District Court or the special master has ruled. A decision could require a year or more to be argued and then handed down, perhaps in 2025.
Commonly, once key legal issues are settled by the Supreme Court or Court of Appeals, the matter can be heard again by the District Court based on decisions made by the higher court. The rehearing can be brief or extended, but it is feasible that a final ruling could be made in 2025 or 2026.
This information will be updated as the case proceeds. For more information contact us at firstname.lastname@example.org.