Yet another lawsuit has bee filed against the City of Nampa over the stormwater "fee" levied against property owners.
If class acion is granted, Nampa could have every property owner in the city seeking refunds for a stormwater utility 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 the fees collected under the program refunded. The plaintiffs are: "Ronald W. Van Auker, JBR LLC; RVRV LLC; Hogan LLC; Deer 1 LLP; Par 3; Idaho Industrial Development and all other similarly situated." Commercial properties are charged based on square footage.
Republic Storage filed a similar complaint against the city on December 14. THE GUARDIAN warned of potential class action at that time.
The Idaho Supreme Court 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 plaintiff's attorney 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