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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Dec 23, 2011, 9:43 am
Nampa’s private legal team can be found in the background of much of Nampa’s troubles in my opinion. They wrote the contract with Bujak 2 or 3 times and didn’t have the cents to call county commissioners to see if what Bujak told city council was true. They received money and worked on the recent doggie deal with canyon county when members of committee were supposed to be all volunteer and now the storm water fiasco. How much simpler would it be to get an opinion from Attorney General rather than spend time in court. White-Peterson wins both ways–they wrote the ordinance and they get paid to defend it. What a crock of cranberrries–or something similiar. Oh yes, one of the partners is legal advisor for Nampa’s Urban Renewel Board
Dec 23, 2011, 11:38 am
Mayor Tom Dale has never missed an opportunity to take more taxes when the opportunity presents itself.
They can’t raise taxes due to the tax cap so now they are using Idaho enterprise fund law to screw with taxpayers of Nampa.
Dec 24, 2011, 8:53 am
The only word to describe Canyon County is “Debacle”, from their legal system, to the property tax, to the overly offensive smell, there is not one good working thing that comes from that “debacle” of a county.
Dec 26, 2011, 9:22 pm
Tom don’t you think that is a bit harsh. I agree the property taxes are way out of line compared to Ada County. Canyon County is and will remain primarily an agricultural enclave for a long long time.
Please don’t smear the current Prosecutor with predecessors of Mr. Brian Taylor. You won’t find a more ethical person.
I would also add that most county employees are honest and hard working people. The real issue here is our Commissioner’s failing to listen to or read external audit reports and heed the warnings.