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Unique Logistics Solutions to

Complex Container Drayage Issues

Because a drayage load can mean a few different things, confusion among carriers is common. Many carriers link drayage with going into a port, but that isn't always true. While all drayage loads typically originate from a port of entry, there are often several legs of a drayage journey before a container turns up at its final stop. Legs of a drayage load may include:

Why Are Drayage Companies in Raleigh, NC So Important?

You may be thinking, what's so important about drayage? It's such a small step in the container storage transport process. In reality, it's an integral piece needed in the logistics industry and a crucial part of U.S. supply chain management.

To truly understand the importance of drayage, let's use flowers as an example. Most cut flower shipments enter the market from areas in South America until they end up at Dutch auction houses. Once there, wholesalers purchase flowers in bulk and send those products to retail outlets worldwide. Because flowers are perishable, they typically need to be refrigerated and are often shipped in reefer containers. These refrigerated vessels must maintain a certain temp to prevent loss.

Drayage companies like RelyEx allow flower shippers to send their products from Argentinian ports to airports in the Netherlands with peace of mind because their products are protected. The only way to accomplish this feat is with the help of swift, meticulous port drayage services. Drayage companies allow flower shippers to send their products from Argentinian ports to airports in the Netherlands with peace of mind, because their products are protected. The only way to accomplish this feat is with the help of swift, meticulous port drayage services.

If port drayage is compromised, it can cause delays and even fines. You know the packages you get delivered to your front door from apps like Amazon? Without drayage and drayage brokers, one or two-day shipping times wouldn't even be possible.

As a multi-billion-dollar industry in the U.S. alone, it seems like drayage shipping issues shouldn't exist. But the fact is inefficiencies and congestion are still major problems at ports. Whether it's a lack of carriers, absent chassis, or overburdened terminals, delays lead to missed deadlines, lost revenue, and worse.

But anytime challenges exist, so too do innovative solutions.

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RelyEx Solves Problems

At RelyEx, we like to consider ourselves problem solvers. The nature of the container drayage industry presents new challenges every day, but we're firm believers that there's a solution to every hurdle we encounter. And while some drayage businesses implement a reactive approach, RelyEx customers choose us for our proactive mindset. We take pride in solving your company's drayage challenges to help you avoid frustrating fees, missed expectations, and delayed shipments. We strive to make every transaction successful and streamlined by partnering with shippers who prioritize transparent, prompt, and accurate communication.

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RelyEx Has a Unique Vantage Point

RelyEx approaches your business from the customer's perspective - a unique approach that helps us provide high-quality, effective drayage services. We've been in the customers' shoes, know their pain points, and because of that, provide first-hand solutions to stressful supply chain issues. With over 30 years of collective knowledge, our team excels in:

  • Inventory Management
  • Logistics
  • Purchasing
  • Finance

Our varied, high-level drayage shipping experience helps us achieve our overarching goal: expertly managing your freight movement needs. That way, you can direct your time and focus on growing the core aspects of your business while we handle the heavy lifting. Throw in proactive planning to avoid bottleneck situations and strong communication for transparent customer relations, and you can see why so many companies trust RelyEx.

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RelyEx Nurtures Strong Carrier Relationships

When it comes to shipping logistics, it only takes one mistake by a mediocre worker to disrupt your business. That's why, at RelyEx, we pride ourselves on forming and nurturing relationships with carriers who match our standards of care. Our founding partner started his career transporting freight for companies as an on-demand carrier. He uses that knowledge to maximize the resources of our carriers so that our customer's expectations aren't just met - they're exceeded.

Based in the port city of Raleigh, RelyEx has a keen understanding of the challenges of managing the inbound and outbound flow of containers. Our team of container drayage experts provides your business with unique solutions to nuanced shipping problems, minimizing demurrage and ensuring the successful delivery of your freight.

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Customers choose RelyEx because:

  • We are a reliable drayage logistics partner that manages your freight from beginning to end
  • We have a rare industry vantage point with 30+ years of client-side experience
  • We foster and fortify the strongest vendor relations
  • We take a proactive approach to problem-solving, not a reactive approach
Let us know how we can help.
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Your Drayage Shipments Managed from Start to Finish

Some drayage brokers don't care how customers feel about their service as long as they sign a contract and get paid. As a solutions-oriented team, RelyEx takes the opposite approach. We're motivated by the opportunity to overachieve for our customers and to provide them with the best logistics experience possible. With professional experience as carriers and shippers ourselves, we know the roadblocks and challenges you're facing. We excel at mapping out the best plans of action to solve those problems. But that's just the start.

Our tracking experts monitor and manage every aspect of your drayage shipment from booking to delivery, 24/7. Once booked, we look for the availability of your containers hourly once they're at port. When they arrive, our team acts quickly to access your storage containers when they're available.

Plus, RelyEx ensures your company's requirements are met by the carrier during loading and delivery and provide necessary documentation as fast as possible. With real-time tracking updates and access to our customer service professionals, your team has complete visibility throughout the shipping process.

We Source Top-Notch Operators at the Best Prices

Over the years, RelyEx has built a strong network of drayage carriers, transloading locations, and container storage spaces to provide you with the best possible options to match your drayage service needs. We know that searching for quality service presents an added layer of complexity and stress to our customers. That's why we work hard to take that off your plate by connecting you with our reliable shipping partners.

With a background moving freight as an on-demand carrier, our founding partner understands how to maximize the resources and equipment of our carriers to match your needs.

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We Make Transparent, Timely Communication a Priority

Like other industries, the global logistics space is complex. Mistakes will be made, and problems will happen. With those truths in mind, RelyEx has built its reputation as problem solvers. Unlike other drayage companies, we don't shy away from this industry's complexities because we take pride in solving problems. Even better, we aim to do what's needed to avoid those problems altogether.

As your logistics partner, we will provide your company with accurate, transparent, and prompt communication. If there are unexpected issues, we'll notify you immediately and will provide several options to remedy the problem. We even offer custom reporting for large clients who need at-the-moment updates and quick access to shipment documentation.

We Have Robust Project Management Experience

Why let the unpredictability of your industry dictate your success? With a background working in manufacturing, our founders are familiar with the demands of managing production schedules and sales orders. That experience makes it abundantly clear to us that every business and industry is different. If you struggle with seasonal surges or other factors, our team supports your business with a mapped-out plan and schedule, so you stay ahead of the game.

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What Clients Say About Us

Paperwork Errors

Typically, shippers need four specific documents to clear shipments through customs: A Bill of Lading (or BOL), a commercial invoice, a packing list, and an arrival notice. Seasoned drayage brokers like RelyEx are used to preparing these documents, but new shippers tend to miss this step due to inexperience.

Payment Delays

If a shipper only pays for part of their shipment, a vessel operator may refuse to release their freight until their bill is fully paid. Payment delays lead to cargo detention at the port of entry, which triggers demurrage charges.

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Documents Received Too Late

Paperwork is needed when you're shipping goods with a drayage company. When documents like the Certificate of Origin or Bill of Lading arrive at their destination late, you can expect demurrage fees. RelyEx avoids this situation entirely by being proactive when submitting paperwork.

Additional causes for demurrage fees can include:

  • Damaged Container Storage
  • Custom Released Containers
  • Storage Containers Are Too Heavy

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RelyEx:

The Supply Chain Partner You Can Count On

At RelyEx, we know first-hand how stressful supply chain problems can be for business owners. Though drayage shipping might seem minor on the surface, it affects every stage of your shipping process. And when inevitable hurdles manifest, RelyEx propels you over the proverbial roadblocks with a proactive mindset and a passion for challenging projects. We believe that all problems have a solution, and our unique vantage point allows us to provide first-hand solutions to customers in a wide array of industries.

When it comes to your business, don't settle for anything less than RelyEx. Contact our office today to learn more about how we make your shipping experience streamlined and stress-free.

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One of the South’s best BBQ joints is opening in Raleigh. Here’s when

One of the best barbecue spots in the South is expanding to Raleigh with a new restaurant.Lewis Barbecue, a revered Texas-style joint with locations in Charleston and Greenville, SC, will open a new restaurant in the Salvage Yard of Raleigh Iron Works.“We are honored to bring our authentic Central Texas-style barbecue to Raleigh and join such a vibrant community at Salvage Yard,” said John Lewis, founder and pitmaster of Lewis Barbecue. “ A truly special space, Salvage Yard reflects our love for craftsm...

One of the best barbecue spots in the South is expanding to Raleigh with a new restaurant.

Lewis Barbecue, a revered Texas-style joint with locations in Charleston and Greenville, SC, will open a new restaurant in the Salvage Yard of Raleigh Iron Works.

“We are honored to bring our authentic Central Texas-style barbecue to Raleigh and join such a vibrant community at Salvage Yard,” said John Lewis, founder and pitmaster of Lewis Barbecue. “ A truly special space, Salvage Yard reflects our love for craftsmanship and connection to the community, and we look forward to serving up great food and fun times.”

The new Lewis Barbecue will be more than 8,000 square feet in size, with a separate 1,625 square foot smokehouse.

Michelin barbecue in NC

Before moving to Charleston a decade ago, John Lewis helped establish two of the biggest new school names in Texas Barbecue, helping out in the early days of Franklin and then La Barbecue, where he was a co-founder.

The arrival of Lewis means yet another Michelin Recommended barbecue spot will be in the Triangle, joining Prime Barbecue, Sam Jones BBQ, Dampf Good BBQ and The Pit as recent honorees.

Raleigh Iron Works and the Salvage Yard continue to flex their culinary might, emerging as one of the Triangle’s most foodie-centric developments.

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“The arrival of Lewis Barbecue at Salvage Yard reinforces our vision for this district as Raleigh’s next great destination for food and entertainment as we continue to grow an impressive tenant roster,” said Wendy Nabors, director of commercial leasing, Grubb Ventures in a release. “Lewis Barbecue brings an unmatched level of culinary credibility and character to the lineup, we couldn’t be more excited to welcome them.”

The new Lewis Barbecue is expected to open in 2026. An Atlanta location is expected to open this December.

Lewis Barbecue to Open in Salvage Yard at Raleigh Iron Works Next Year

MICHELIN Guide Bib Gourmand Award winning Texas-Style barbecue concept expands to North CarolinaRALEIGH, N.C., Nov. 5, 2025 /PRNewswire/ -- Lewis Barbecue, the acclaimed Texas-style barbecue restaurant known for its legendary brisket and smokehouse craft, will bring its celebrated menu and signature hospitality to the heart of the Raleigh Iron Works district at Salvage Yard. Founded by pitmaster John Lewis, the concept has earned national recognition and recently earned a coveted Bib Gourmand Award from the MIC...

MICHELIN Guide Bib Gourmand Award winning Texas-Style barbecue concept expands to North Carolina

RALEIGH, N.C., Nov. 5, 2025 /PRNewswire/ -- Lewis Barbecue, the acclaimed Texas-style barbecue restaurant known for its legendary brisket and smokehouse craft, will bring its celebrated menu and signature hospitality to the heart of the Raleigh Iron Works district at Salvage Yard.

Founded by pitmaster John Lewis, the concept has earned national recognition and recently earned a coveted Bib Gourmand Award from the MICHELIN Guide for its commitment to quality, flavor, and authenticity. At Salvage Yard, the highly anticipated adaptive reuse project from Grubb Ventures, Lewis Barbecue will occupy 8,276 SF and will feature a 1,625 SF commercial smokehouse on the exterior of the property, allowing the concept to offer guests its iconic slow-smoked meats and classic Southern sides that have made it a destination in Charleston and Greenville and soon in Atlanta, while embracing the vibrant, industrial character of the district.

"We are honored to bring our authentic Central Texas-style barbecue to Raleigh and join such a vibrant community at Salvage Yard," said John Lewis, founder and pitmaster of Lewis Barbecue. " A truly special space, Salvage Yard reflects our love for craftsmanship and connection to the community, and we look forward to serving up great food and fun times."

The addition of Lewis Barbecue strengthens Salvage Yard and Raleigh Iron Work's growing reputation as a regional hub for food, music, fitness, and social experiences. The project's dynamic mix of tenants highlights its mission to create a space where local culture and regional and national concepts intersect.

"The arrival of Lewis Barbecue at Salvage Yard reinforces our vision for this district as Raleigh's next great destination for food and entertainment as we continue to grow an impressive tenant roster," said Wendy Nabors, director of commercial leasing, Grubb Ventures. "Lewis Barbecue brings an unmatched level of culinary credibility and character to the lineup, we couldn't be more excited to welcome them."

Lewis Barbecue will join NOCO Brewery from the Bond Brothers, Triangle Rock Club, Cannonball Music Hall, Peach Lab, Mami Nora's and Tilden's Car Care in the Salvage Yard lineup.

Visit raleighironworks.com to explore the full roster of tenants within the Raleigh Iron Works District, and follow @raleighironworks on Instagram to stay up to date on upcoming announcements, events, and openings.

Downloadable images available here.

About Salvage Yard Part of Grubb Ventures' Raleigh Iron Works development, Salvage Yard consists of three comprehensively reimagined warehouses totaling 100,000 square feet. Features of this adaptive reuse project, including open-air entries, exposed trusses, and expansive landscaped outdoor areas, create the ideal environment for a vibrant retail, dining, and entertainment destination. Tenants include Triangle Rock Club's Raleigh Campus, Bond Brothers newest concept, NOCO, Cannonball Music Hall, Tilden's Car Care and lower body fitness studio, Peach Lab.

About Lewis Barbecue Founded by pitmaster John Lewis, Lewis Barbecue brings authentic Texas-style barbecue to the Carolinas with locations in Charleston and Greenville, SC as well as Atlanta for a December 2025 opening. Known for its legendary brisket, housemade sausage, and signature smokers designed and welded by Lewis himself, the restaurant has earned national acclaim from Southern Living, Garden & Gun, and Condé Nast Traveler. With a cult following built on craftsmanship, early mornings at the pit, and a dedication to perfecting every cut, Lewis Barbecue continues to celebrate the art and spirit of true Texas barbecue—now coming soon to Raleigh's Salvage Yard.

About Grubb Ventures Founded in 2002 by Gordon Grubb, Grubb Ventures focuses on the development and repurpose of infill locations in the Research Triangle Region of North Carolina. With a 30-year track record and a mission to "rethink, rebuild, and renew," Grubb Ventures capitalizes on the potential for improved land uses and density closer to the city's core, as opposed to the sprawling development in the suburbs. Using in-depth local knowledge and contacts, the company has acquired, developed, or repositioned, a substantial portfolio of properties around the Raleigh MSA, with a total value over $1 Billion. For more information, visit www.grubbventures.com.

Media Contacts: Kate Lowery, 512. 657.0925 404432@email4pr.com

Cathy Cochran-Lewis, 512.627.5599 404432@email4pr.com

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Western Governors University to open new office in Raleigh, support online higher education in N.C.

Western Governors University is a fully accredited online university, and the largest in the country, with more than 180,000 enrolled students as of fall 2023. The school has locations across the country and is opening up a new Southeast hub in Raleigh to support operations on the coast.Ben Coulter, Southeast regional director and chancellor of WGU in North Carolina, said that although WGU is a four-year university that grants bachelor’s and master’s degrees, he doesn’t feel a sense of competition with similar...

Western Governors University is a fully accredited online university, and the largest in the country, with more than 180,000 enrolled students as of fall 2023. The school has locations across the country and is opening up a new Southeast hub in Raleigh to support operations on the coast.

Ben Coulter, Southeast regional director and chancellor of WGU in North Carolina, said that although WGU is a four-year university that grants bachelor’s and master’s degrees, he doesn’t feel a sense of competition with similar colleges like NC State. Coulter said he felt the schools serve unique niches of the student population.

“We have a very unique focus on underserved and underrepresented populations. Our curricular structure and our academic program structure is uniquely different,” Coulter said.

WGU offers degrees and certificates in business, information technology, cybersecurity, nursing and education. Coulter said their programs are intended to produce students who are workforce-ready, which fits the needs of their students, a majority of whom are over the age of 25.

WGU already has offices in Phoenix and Austin alongside its headquarters in Salt Lake City. The new hub in Raleigh is being opened to provide a center for East Coast operations. Raleigh is an attractive location because of its proximity to so many large universities, a central airport and a generally centralized location on the East Coast.

The new Raleigh office will house educational support, technology support, product development, procurement services and other noneducational programs. The current plan will see about 300 positions being housed in the office.

“A lot of our jobs that will be at this new Raleigh Eastern Hub office will be technology-related, and there’s a very deep talent pool within the research triangle and Raleigh for us to hire out of,” Coulter said.

Coulter said WGU will feed its resources back into the area with graduates trained in fields like cybersecurity and IT, the programs with the highest enrollment in North Carolina.

“Our graduates can jump right to work, and have a lot of opportunities to not only better themselves and their careers, but to fill in high need areas within our state,” Coulter said.

WGU is formally affiliated with North Carolina as of 2017, as are 13 other states across the country. The affiliation granted them one-time funding from the General Assembly and a promise to maintain a close relationship with the state. Coulter said they are aiming to contribute to the state and fill fields struggling to hire, like cybersecurity, teaching and nursing.

“Having a state affiliate here only anchors us,” Coulter said. “Kind of like having the flag planted in North Carolina for our university, and to have as many partnerships as we can with other institutions.”

WGU partners with local community colleges to offer students opportunities to transfer into four-year programs with as many credits as possible. This allows students with associate’s degrees the ability to continue school, no matter where their location or their ability to go to school full-time.

“Community colleges are very much about nurturing students locally, and we totally understand that,” Coulter said. “We have the same model of nurturing them, looking out for their best interests and supporting them, whatever walk of life they’re at that point.”

Coulter, who worked at Western Carolina University for 10 years, said their partnerships are usually introduced to fill a blind spot in a university’s curriculum. With the plethora of educational opportunities in North Carolina, there may not be a need for a direct partnership with public universities like NC State.

Awfeed Isho, a WGU graduate working in cybersecurity in Idaho, earned his M.S. in cybersecurity and information assurance in 2022. He decided to try WGU because there were no cybersecurity programs at his local universities. Isho had concerns about the lack of structure in online school, but he found the flexibility worked very well for him.

“It builds inside you that mentally of ownership, some sort of responsibility, because now you are required to finish something and no one is telling you how to do it, when to do it and it’s completely up to you,” Isho said.

Isho finished the program in nine months, debt-free. As an alumnus, he has found that employers respect WGU graduates as goal-oriented and independent workers.

A vital part of WGU’s model is its student mentors, who serve as the main liaison between the university and students. They serve as advisors to help students achieve their long-term goals in the most effective way possible.

Shannon DeBruhl is a program mentor in the Leavitt School of Health at WGU. As a registered nurse, she helps students through the curriculum in whatever way they need, whether it be emotional support or scheduling.

DeBruhl said that most of her students are actively working in healthcare. For many nurses, higher degrees are not accessible because of the time their jobs require.

“I even have travel nurses, so they are only somewhere for six to eight weeks in the hospital. Can you imagine them trying to attend a local university?,” DeBruhl said. “Online is the only option for a large percentage of my students.”

Overall, the structure of WGU lends itself to people who may not typically go through higher education: first-generation students, workers, adults, veterans and active duty military.

“We see a lot of students who may not have considered college an option,” Coulter said. “But all of a sudden, because it’s lower cost, it’s fully accredited or it’s more available, [they] can do it while working. Those are enablers that bring in the populations that may have been disenfranchised or weren’t considering college as an option.”

WGU is a nonprofit institution, similar to most public universities, including NC State. After university employees are paid, Coulter said all their revenue goes right back to students. In North Carolina alone, they’ve awarded $8 million in scholarships.

Coulter said their array of scholarships makes a huge difference for students from low-income backgrounds. With a flat tuition rate and rapid pace, WGU’s average annual bachelor’s tuition rates are 53% lower than the national average.

Coulter said it is a great privilege to be able to serve populations that are unrepresented in higher education. He said that their work can uplift individuals and their families by providing a generational model for success to those who might not have had one otherwise.

“It’s a unique mission that we have, and it’s one that gets me up early every day, and I’m ready to go in the spirit of collaboration and in the spirit of uplifting others,” Coulter said.

Kevin Keatts has a new gig. What the former NC State coach is doing now

A former N.C. State head coach is headed to ESPN in a new broadcasting role, the network announced on Monday.Kevin Keatts, who coached the N.C. State men’s basketball program for eight seasons, is one of five new broadcasters making their debut for ESPN. He will be a studio analyst on ESPN and ACC Network this season, starting Friday when No. 19 Kansas travels to No. 25 North Carolina.He will work alongside Seth Greenberg, Tom Crean and Malcolm Huckaby, all of whom played or coached at an ACC institution during their care...

A former N.C. State head coach is headed to ESPN in a new broadcasting role, the network announced on Monday.

Kevin Keatts, who coached the N.C. State men’s basketball program for eight seasons, is one of five new broadcasters making their debut for ESPN. He will be a studio analyst on ESPN and ACC Network this season, starting Friday when No. 19 Kansas travels to No. 25 North Carolina.

He will work alongside Seth Greenberg, Tom Crean and Malcolm Huckaby, all of whom played or coached at an ACC institution during their careers. Greenberg was the head coach at Virginia Tech from 2003-12 and made three assistant coaching stops at ACC schools prior to his stint with the Hokies. Crean was an assistant at Pittsburgh and Huckaby played at Boston College.

Emeka Okafor, Dennis Scott, Miles Simon and Rodney Terry are joining Keatts as new ESPN contributors. Scott is a former Georgia Tech All-American and 1990 ACC Player of the Year.

In the offseason, Keatts traveled to various college basketball programs and provided evaluations.

N.C. State fired Keatts in March after the team finished 12-19 overall and failed to make the ACC Tournament. It finished 5-15 in league play and lost a program-record nine consecutive games.

A year prior, he helped guide the Wolfpack to its first ACC Championship title since 1987 and first Final Four appearance since 1983. The team won nine elimination games, including five games in five days during the conference tournament, as part of its run.

During his tenure, N.C. State went 151-113 and made three NCAA Tournament appearances. Keatts also dealt with the repercussions of NCAA violations committed by former coach Mark Gottfried, which included significant recruiting limitations, scholarship reduction and $5,000 fine.

Keatts came to N.C. State after three seasons at UNC-Wilmington, where he compiled a 72-28 overall record and went 41-13 in the then-Colonial Athletic Conference.

Top NC court tackles suit over Raleigh impact fees

In the coming months, the North Carolina Supreme Court will decide whether a class-action lawsuit can move forward against Raleigh over water and sewer impact fees.Key issues for the court to resolve include whether NC General Statute 160D-106 applies only to the person who initially paid an improper fee and whether those who allege they paid the fee can be certified as a class.The court heard oral arguments Oct. 28 in the dispute between the City of Raleigh and developers who challenged the water and sewer impact fees charged ...

In the coming months, the North Carolina Supreme Court will decide whether a class-action lawsuit can move forward against Raleigh over water and sewer impact fees.

Key issues for the court to resolve include whether NC General Statute 160D-106 applies only to the person who initially paid an improper fee and whether those who allege they paid the fee can be certified as a class.

The court heard oral arguments Oct. 28 in the dispute between the City of Raleigh and developers who challenged the water and sewer impact fees charged between 2016 and 2018.

The developers, including Wardson Construction and Homequest Builders, originally sued the city in 2019 after being denied refunds for the fees. They sought class-action status, potentially representing up to 735 plaintiffs, and a $16 million award.

During oral arguments, Robin Tatum, former Raleigh city attorney and a partner at Fox Rothschild, represented the city. She argued the case does not meet the criteria for a class action.

“We know at least one person is going to get paid twice, and probably a lot more,” Tatum said. “That is just not a class action.”

Tatum emphasized that refunds should go only to those who actually suffered financial harm and the city’s intention for the money.

“The City of Raleigh has no desire to keep money it is not entitled to,” she stated. “However, under the class action statutes and [N.C.G.S § 160-D] 106, that does not mean you give it to whoever shows up and has carried some money to the city. You want to get it to all the people who have been improperly injured.”

Finally, Tatum argued that this is a public policy question, not one for the judiciary to decide.

“There should not be a decision that this basic language made this gigantic change to class action law, without anybody really knowing that they did it,” she said. “I think any change to this should be a legislative one.”

The key point of contention focused on the statutory language in N.C.G.S. 160D-106, which requires local governments to reimburse “the person who made the payment” when the government illegally charges a fee.

Tatum argued that the law should prioritize the party who ultimately bore the financial burden, using an analogy: The situation is like a co-worker ordering and delivering Uber Eats for lunch. The colleague pays for the meal, but someone else reimburses them, making the colleague just a vehicle for the payment.

Chief Justice Paul Newby pushed back on this analogy, questioning the different impact depending on whether the payment is viewed from the perspective of the restaurants or of the colleague.

“Let’s say it was pointed out by you or one of your colleagues that the person was actually charged too much; they were charged an illegal amount for what had been given,” Newby said. “Could you go to the restaurant and get the refund? Only the person who paid too much could go get the refund, correct?”

Representing the developers, Jim DeMay of Milberg argued that the statute’s plain language and legislative intent support a class action refund to the original payors.

“The legislature wants these fees to be refunded,” he said. “They don’t want the city to keep them, and a class action here furthers that intent.”

DeMay added that the statute provides a clear mechanism for refunding the fees.

“[The statute] ensures that the cities pay back illegal fees by providing a certain, identifiable refund recipient,” DeMay argued. “[The city’s] own expert says the fee is passed on each time the home is sold. So are you going to look at the second purchaser, third purchaser, fourth purchaser?”

“Here we have a known class of specific parties, the parties that are identified by the General Assembly in 160D-106 who paid the fees, have a common interest in having the fees refunded under the statute, and the trial court was manifestly correct in certifying the class in this case,” he concluded.

Justice Richard Dietz repeatedly focused on the statutory wording, asking Tatum why the ordinary meaning of “person who made the payment” should not govern. He reiterated the makeup of the court, saying there were several textualists, or those who focus on the plain meaning of words when legally interpreting cases.

“In [160-D] subsection 106, when it says that the refund of the fee goes to the person who made the payment, why wouldn’t we just take the ordinary meaning of that term, even if you passed the cost down the line to someone else?” Dietz said. “The person who actually is the one who shows up and says ‘here’s the money’ is the one who made the payment, and then these other people had it passed along to them.”

Justice Trey Allen questioned what the city would do if class certification were denied but the plaintiffs still prevailed.

“Suppose that we agree with you that there shouldn’t be class certification here, but the plaintiff prevails on the merits,” he said. “What steps then would you take with a judgment that these fees were unlawful? What steps would you then take to see that those fees were refunded to the proper individuals?”

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