Yet another lawsuit has been filed against the City of Nampa over the stormwater “fee” levied against property owners.
If class action is granted, Nampa could have every property owner in the city seeking refunds for a sewer fee that many claim is an illegal tax.
A class-action complaint filed Wednesday seeks to have Nampa’s $3-per-month-per-resident stormwater fee and ordinance declared invalid and all fees collected under the program refunded. The plaintiffs are Ronald W. Van Auker; JBR LLC; RVRV LLC; Hogan LLC; Deere 1 LLP; Par 3; Idaho Industrial Development and “all others similarly situated.” Commercial properties are charged based on square footage.
Republic Storage filed a similar complaint against the city on Dec. 14. The GUARDIAN warned of potential class action at that time.
The Supremes ruled in November the city of Lewiston’s stormwater fee was illegal because the state has not authorized cities to collect a stormwater tax.
The plaintiffs’ attorneys, E. Don Copple and Heather Cunningham of Davidson, Copple, Copple & Copple, say Nampa’s stormwater ordinance and fee is nearly identical to Lewiston’s and should also be declared illegal.
Nampa’s legal team is a private firm that probably advised the city regarding the ordinance that created the fee.
Read more here: http://www.idahostatesman.com/2011/12/22/1926794/class-action-suit-filed-against.html#storylink=latest#storylink=cpy
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