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Women's Clothing Boutique in Raleigh, NC

When it comes to the latest trends in women's apparel, there's no better place to shop till you drop than Downtown Chucktown. And if you're searching for the finest threads in Raleigh, look no further than Copper Penny - the Lowcountry's go-to shop for anyone that has a passion for fashion.

We have been dressing women in Raleigh for over 34 years and offer upscale designer collections curated with a Southern eye. Here, women from around the United States discover sophisticated, effortless beauty for every season. Whether you're looking for a sassy new dress to impress that special someone or the perfect outfit for your next vacation, your options are endless at Copper Penny.

With easy-to-find locations close to Raleigh's hottest spots, our curated selection of the newest, most popular women's clothing lines reflects the effortless glamour of Raleigh. Whether you're a tidy professional or a fierce trend-setter, our goal is to help you find the perfect look for your own unique style. With designer brands like CK Bradley and Holst & Lee on hand year-round, finding your new look is easy and fun when you visit Copper Penny.

Our clothing lines give ladies a refreshing mix of one-of-a-kind authenticity with real wearability, allowing them to shine with confidence and style all year long. So, go ahead and spoil yourself - you deserve to look like a million bucks!

Boutique Clothing Raleigh, NC

Find the Perfect Dress to Impress

Diamonds are pretty and all, but honestly? Dresses are a girl's best friend. Dresses are fun, comfortable, and versatile. At Copper Penny, they're also fashionable and cute. We have a huge selection of women's dresses in Raleigh, NC, from stylistic sheath dresses to drop-waist styles that will make your girlfriends jealous.

We offer several styles and shapes from which you can pick. Not sure what style fits best?
Boutique Dresses Raleigh, NC

It all starts at the waist:

Cloths Shop Raleigh, NC

A-Line Waist

These dresses are made to fit your waist and then gradually flare out towards the hem. A-line dresses are excellent for minimizing thighs, hips, and midsections while pulling the eyes to your bust. This style of dress is a great fit for almost any body type. There's a reason why so many brides settle on A-Line dresses for their big day! With plenty of varieties, this is a kind of dress that you can wear again and again.

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Cloths For Women Raleigh, NC

Empire Waist

Like the A-Line style, empire dresses are made to fit through your bust. Rather than creating a distinctly angular shape like the A-Line, the Empire style flows from the bust down. This is another kind of dress that fits many body types. From curvy to apple body shapes, the Empire draws focus to your bust and minimizes everything else. For lovely ladies on the shorter side, this style defines your silhouette, especially if you choose a maxi length dress.

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Clothing Stores Raleigh, NC

Drop Waist

A throwback to the roaring 20's style flapper dresses, Drop Waist dresses look best on lean, athletic bodies that don't have too many curves in the hip area. The key to pulling off a Drop Waist style dress is to ensure that it's not hugging you. This dress is best worn when it is able to hang freely on your body.

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Once you know the kind of waist that fits your body type, it's time to find your shape. A few of our most popular dress shapes include:

Fit & Flare Dresses in Raleigh

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Fit & Flare Dresses in Raleigh

Any clothing store for women in Raleigh, NC, worth its salt, will have plenty of fit & flare dresses for you to try. This common-shaped dress is one of the most popular on the market, mainly because they look great on every woman, regardless of age or shape. A timeless choice, fit & flare dresses fit through the bodice and flare out just below your hip. This helps develop a balanced, slimming silhouette for most women. If you want to accentuate your best assets and hide everything else, ask our experienced fashionistas to show you some the most popular fit & flare dresses at Copper Penny.

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What body types are best for fit & flare?

Time to start doing your happy dance! Fit & flare dresses have very balanced proportions, making them a true winner for every body type. Women with athletic builds love this dress for the extra curves. Women with apple-shaped bodies love how fit & flare dresses define their waistlines. Because this dress already looks like an hourglass on the hanger, it will be a natural fit for ladies with such a figure.

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Fashion Boutique Raleigh, NC

Shift Dresses in Raleigh

What is a shift dress?

Shift dresses are typically rectangular in shape and tend to be comfy and forgiving since they aren't fitted. Also called a column dress, the shift dress is a great choice for polished professionals needing a conservative, fashionable outfit for work.

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What body types are best for shift dresses?

These dresses look fabulous on women with athletic, lean shapes and women with an apple-like figure. This kind of dress doesn't work well with a belt, so ladies with an hourglass figure may not be able to show off their curves in a shift. Try pairing this dress with a nice pair of heels for a beautiful new look!

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Wrap Dresses in Raleigh

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What is a wrap dress?

Wrap dresses are one of the most popular styles on the market, because they give ladies of most shapes and sizes a flattering, fashionable dress option.

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What body types are best for wrap dresses?

If you have an hourglass, apple, or generally curvy body shape, you're going to love wrap dresses. This style of dress offers a natural waist while placing emphasis on your bust. Wrap dresses give you a balanced silhouette and, with a knee-length fit, are great for any type of color or style, both day and nightwear.

Ladies Clothing Raleigh, NC

Timeless Tops for Every Style

Unless you're feeling extra sassy, chances are you're wearing a top at this very moment. Tops are garments that cover the top half of your body. At Copper Penny, we have an endless selection of tops in a wide range of styles - from basic tees to blouses and everything in between. If you're looking for the highest quality women's tops in Raleigh, NC, you just hit the jackpot!

With that said, finding the right top for the right occasion is easier said than done. However, at Copper Penny, we make finding the right top fun. Whether you're looking for a top that makes a statement or you need a classic button-down for a subdued style, we've got your back. We only carry the most popular tops from the best brands and designers around the world.

Online Boutique Raleigh, NC

Here are just of our most popular tops:

Boutique Raleigh, NC

Women's Poplin Tops in Raleigh

Sometimes called broadcloth tops, poplins have classic characteristics and are often woven with an over/under weave. This kind of weave gives more substance to your top while also giving you room to breathe. Poplin shirts are typically soft and smooth, and are great for everyday business attire, some formal occasions, and for certain ceremonies. Sweet and feminine, our Bruna poplin eyelet bib top features ruffles at the sleeves and an eyelet lace yoke at the front. Pair your poplin with your favorite pair of shorts or jeans for a contemporary, relaxed look.

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Boutique Clothing Raleigh, NC

Women's Wrap Tops in Raleigh

Great for wearing solo or layered over a camisole or tank top, wrap tops are lightweight, versatile, and great for many different occasions. Wrap tops go well with jeans, maxi dresses, and high-waisted jeans or trousers. Our V-Neck Wrap SLV Top by Jayden is uber-popular at Copper Penny and the perfect choice for dressing down or dressing up. The choice is yours!

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Boutique Dresses Raleigh, NC

Women's Off the Shoulder Tops in Raleigh

For a dose of feminine fashion, be sure you add an off-the-shoulder top to your everyday wardrobe. A casual, sexy choice, off-the-shoulder tops have unique necklines that cut across your upper arms and chest, leaving your shoulders bare. The result is a flirty flash of skin, which elongates your neck and gives a relaxed, "daytime casual" look. Our Nola off-the-shoulder top pairs perfectly with shorts or even a flowy skirt and is hand-woven in Spain using Jacquard fabric.

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Cloths Shop Raleigh, NC

Women's Tank Tops in Raleigh

Who doesn't love a good tank top?! Tank tops are lightweight, versatile, and equally great for lounging in the yard or running errands on weekends. Tank tops lend an air of simplicity to your outfit and can be styled in endless ways. Take our Velvet Heart Victory Tank, for instance. This tank is a refreshing update on our classic sleeveless tank top, complete with fray details and a scoop neck. Throw in the fact that it's machine washable, and you have a wardrobe winner.

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Having trouble finding the best top for your size and style? As the most trusted women's clothing boutique in Raleigh, NC, Copper Penny has helped women discover new looks in the Lowcountry for more than two decades. We take pride in providing a personalized, boutique experience for our customers. If you have questions, give us a call or swing by one of our locations. We would be happy to give you our professional opinion.

Until then, here's a quick guide you can follow to help you find the right fit for your women's top in Raleigh:

Need help measuring?

Swing by Copper Penny and ask one of our friendly sales associates to help you out! While you're there, don't forget to check out our huge selection of women's tops in Raleigh, NC.

Looking to take your style to the next level? You can also get in touch with a personal stylist directly from our website. With a personal stylist by your side, you can find stunning looks for specific occasions, using comfortable clothing in your favorite colors and cuts. Copper Penny is your one-stop-shop for fashionable, fun, fabulous designer clothing in Raleigh. But don't take our word for it's come see for yourself!

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Latest News Near Me Raleigh, NC

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.

Raleigh Iron Works restaurants

“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

SOURCE Lewis Barbecue

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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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