A settlement has been proposed by the parties regarding a class action lawsuit concerning fees paid to the City of Fargo for non-criminal traffic violations issued between August 30, 2001 and March 26, 2008. If approved by the Court, qualified class members may be reimbursed up to 65% of the fees paid towards non-criminal traffic offenses that exceeded the amount permitted under N.D.C.C. § 39-06.1-06, and, provided the claimant received no prior refund of excess fees.

This lawsuit began in January of 2007. The Plaintiffs allege that the City has violated their rights to Due Process and Equal Protection by assessing fees for non-criminal traffic violations in excess of those allowed by North Dakota law.  Plaintiffs contend the City assed fees for non-criminal violations in excess of those allowed by North Dakota law, and that the City’s assessment of such fees was unlawful. The City of Fargo denies any wrongdoing or liability.

The Court has not ruled on the merits of the positions taken by either plaintiffs or defendant.

To reduce the time, expense, and uncertainty of trial, the parties submitted a Proposed Settlement for the Court’s approval.  A Final Approval Hearing will take place on November 30, 2009 at 1:30 PM at the United States Courthouse in Fargo, where the fairness, adequacy, and reasonableness of the Proposed Settlement will be considered, along with a petition for awarding Attorneys’ Fees and Costs to Class counsel and incentive payments to the named Plaintiffs.

You may obtain additional details by reviewing the Stipulation for Settlement.

The parties provide this information website as a service to potential class members. The information provided is in summary form and not intended as a complete explanation of your rights. For this, please review the Stipulation for Settlement.  You may also click on Case Documents to obtain additional information, including copies of the Notice, Claim Form and Exclusion Form