Montana Impact Fee Class Action

Why did you get this notice?

On September 29, 2023, the Court certified this lawsuit as a class action and defined the Class as: “All persons or entities who bore the cost of impact fees for water and wastewater services to the City of Whitefish from January 1, 2019 to the present.”  From the City’s impact fee records and Flathead County property records, Class Counsel identified you or your company as a potential Class Member at the initial class notice and opt out stage.  Because you did not request exclusion from this lawsuit during the opt out period, you or your company became Class Members subject to the outcome of this lawsuit.

What is this notice?

This notice is to inform you of a proposed Settlement.  If approved by the Court, the Settlement will affect your rights as a Class Member.  This notice describes the Settlement and explains your rights and options, as well as the deadlines to exercise them. 

What does the proposed Settlement do?

The Settlement’s key terms are described in this notice. The full Settlement Agreement is available to view at https://montanaimpactfeeclassaction.com/settlement-agreement or by contacting Class Counsel. The Settlement will not become effective unless the Court approves it after the Fairness Hearing.

What do you need to do now?

If you are not satisfied with the proposed Settlement and wish to object to it, you must submit an objection on or before October 25, 2024.  By objecting, you are asking the Court to reject the proposed Settlement.  You cannot ask the Court to order a different settlement—the Court can only approve or reject the Settlement as proposed.  If the Court rejects the Settlement, this lawsuit will continue.  The parties may then choose to modify the Settlement and repropose the modified version to the Court or continue to litigate the case.

If you are satisfied with the proposed Settlement, you do not need to do anything at this time.  However, if you have not done so already, please fill out and submit a “CLAIM INFORMATION FORM” to ensure Class Counsel has accurate payee information and a current mailing address to which your Settlement payment can be sent if the Settlement is approved. 

Whether you object or not, you should also periodically check http://montanaimpactfeeclassaction.com after the Fairness Hearing on November 19, 2024, to confirm whether the Court approves the Settlement.

How do you object to the Settlement?

On or before October 25, 2024, submit your objection by completely filling out the electronic “SETTLEMENT OBJECTION FORM” on the class action website at:

https://montanaimpactfeeclassaction.com/objection-form

or by filling out the enclosed/attached paper version and emailing it to info@montanaimpactfeeclassaction.com or mailing it to:

Class Action Administrator

Kovacich Snipes Johnson PC

P.O. Box 2325

Great Falls, MT 59403

Who represents the Class?

All Class Members who do not obtain their own attorney are represented by Class Counsel—the law firms of Laird Cowley, PLLC in Missoula, Montana and Kovacich Snipes Johnson PC in Great Falls, Montana.  Contact information for these firms is provided with this notice. 

Can you hire your own attorney?

Yes.  If you want your own attorney to represent you in this lawsuit, you may obtain one.  For example, you may ask your attorney to appear on your behalf before the Court if you are objecting to the proposed Settlement and you want someone to speak for you at the Fairness Hearing.  However, you will be responsible for any fees which your own attorney may charge for representing you.

What will happen at the Fairness Hearing?

The Fairness Hearing will take place on November 19, 2024, at 10:30 a.m. at the Russell Smith Courthouse, 201 E. Broadway St., Missoula, MT 59802.  At the Fairness Hearing, the Court will hear any comments, objections, and arguments concerning the fairness of the Settlement and decide if the Settlement is fair, reasonable, and adequate.  If the Court approves the Settlement, the Settlement will become effective on the date of approval and Settlement payments will issue shortly thereafter.  If the Court rejects the Settlement, the parties may choose to modify the Settlement based on any recommendations from the Court or continue to litigate the case.

Can you or your attorney speak at the Fairness Hearing?

Yes.  If you wish to speak at the Fairness Hearing, you must indicate on your “SETTLEMENT OBJECTION FORM” that you intend to appear at the Fairness Hearing to further state your objection.  If you intend to appear at the Fairness Hearing through your own attorney, your attorney will also need to file a notice of intent to appear with the Court.

If the Court approves the Settlement, how much might your Settlement payment be?

If the Court approves the Settlement, each Class Member will receive a Settlement payment check.  The amount of the Settlement payment will vary by Class Member based on a number of factors, including whether the Class Member had a development project affected by the single-head, standalone shower fixture unit issue and how much the Class Member ultimately paid in water/wastewater impact fees.   Because these factors and the requested service award and attorneys’ fee amounts are already known, Settlement payment amounts can be reasonably estimated for each Class Member.  An estimate of your potential Settlement payment amount is provided in the cover letter mailed alongside your hardcopy Notice.  PLEASE NOTE that this is merely an estimate and may be subject to change if the Settlement is modified, Class Counsel’s attorneys’ fees are adjusted, or an error is discovered in the calculation.

How can you get more information on the proposed Settlement or this lawsuit?

This Notice provides only a summary of the matters relating to the proposed Settlement.  For the complete terms of the Settlement, please refer to the Settlement Agreement, available at https://montanaimpactfeeclassaction.com/settlement-agreement or by contacting Class Counsel.  For more information on this lawsuit in general, you may reread the initial class action notice sent out to potential Class Members in January 2024 or visit the class action website at http://montanaimpactfeeclassaction.com.  The website contains this Notice, the initial class action notice, the Settlement Agreement, Plaintiffs’ fee application, important dates/deadline information, electronic Objection and Claim Information Forms for submission, and a repository of case documents.

What should you do if you have questions about the proposed Settlement?

Please email any unanswered questions you may have to info@montanaimpactfeeclassaction.com, submit questions through the class action website at http://montanaimpactfeeclassaction.com, or reach out to one of the offices of Class Counsel.  Contact information for these firms is provided with this notice.  Please do not contact the Court or the Judge with questions about the Settlement.