Gulf Shores Settles Class Action Lawsuit with developers

OBA Staff • September 21, 2023

Wymer v. Gulf Shores seeking approval of the settlement

Gulf Shores, Ala. – (OBA) – Gulf Shores has been in litigation concerning their charging of impacts fees on developers and how those fees are used. The case, Wymer v. Gulf Shores, appears to be ending. Both parties have filed a motion in Baldwin County Circuit Court for approval of a settlement.

The lawsuit alleged that the city of Gulf Shores was improperly charging property developers and misspending impact fees in the city. Attorneys for the plaintiffs, Yates Anderson, filed the case on behalf of all developers charges the fee between May 14, 2007 and March 23, 2009.

According to the initial suit, the State of Alabama has a limit on such fees that do not allow them to exceed 1% of the developments assessed value upon completion. Those fees are then only allowed to be used on improvements the City must do to facilitate for the development.

For the settlement to become final, a notice of the lawsuit will be published in a newspaper for 30 days and members of the class will have the opportunity to object or opt out of the settlement.

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