The following is a conclusion of law rendered today by the Idaho Supreme Court stating the storm water fees imposed by Nampa and contemplated by Caldwell are indeed an unauthorized tax under Idaho Law. Here's the link to the Idaho Supreme Court decision.
This Court finds that the first step of the analysis leads to the conclusion that the
assessment is a tax, not a regulatory fee. As per the second step, it is clear that the revenue to be
collected from the storm water utility fee has no rational relationship to a regulatory purpose
because the storm water fee is a tax. The storm water fee is used to generate funds for the non regulatory function of repairing, maintaining, and expanding the City’s preexisting storm water
system and streets under Brewster. Ordinance 4512 is, therefore, an unauthorized tax intended to
free-up the City’s general revenues. It is for the Idaho Legislature to authorize such a tax.
The judgment of the district court is affirmed with costs awarded to the Entities. Neither side has requested attorney’s fees.
Chief Justice BURDICK, Justices EISMANN, J. JONES and HORTON CONCUR
Mayor Tom Dale and Team Tom had to know about this legal challenge to Storm Water fees and instead of waiting until the case cleared the Idaho Supreme Court they said taxpayer's be damned and went full speed ahead. It has been reported to THE GUARDIAN several business have simply shut down over this fee. It will be interesting to see if any legal actions are taken by persons and businesses harmed by Mayor Dale and Team Tom. Stay tuned for more....
Well I had better receive a refund since I just paid my 6.00 last month!
ReplyDeleteI feel the winds of a class action lawsuit in the air.
ReplyDeleteLet me see now, what about all these years I have been paying 4 bucks a month for Caldwell's STREETLIGHT fee/TAX. Gosh I might be getting a Christmas present from the City of Caldwell.
ReplyDeleteSo exactly where does the monies collected by Tom Dale and company go? Do we get a mandatory refund?
ReplyDeleteI think I just wet my pants
ReplyDeleteLooks like another avenue of free money to be used anywhere they damn well please, especially for Caldwell maybe we can fund a dog park with it and only allow registered dogs in it.
ReplyDeleteNampa's response (Tuesday's Press Tribune) suggests that "our ordinance" is "structured" differently, and therefore not subject to this decision.
ReplyDeleteI am sure that the Supreme Court will be glad to know that their decisions are only final if Nampa City Hall's Court of Hubrus and Arrogance says it is!
Clearly the only "nonpermeable surfaces" in Nampa are the thick skulls of certain Nampa city leaders.
Get out and vote today and vote for a change in such leadership. Return Mr. Kren and add Mr. Henry to the council. We need their voices now more than ever.
The stormwater fee is used to generate funds for the nonregulatory function of repairing, maintaining, and expanding the City’s preexisting stormwater
ReplyDeletesystem and streets under Brewster. Ordinance 4512 is, therefore, an unauthorized tax intended to
free-up the City’s general revenues.
I too read the IPT today and the second they hook into existing storm water systems it becomes a tax and therefore unconstitutional the way I read this decision. I tend to think Tom Dale is in a huddle with Terry White on this one figuring out the best avenue of damage control when citizens decide to take this one to the local district court. Dale and company are not going to admit any wrong doing or liability with any of their actions.
After reading the Press tribune today maybe Caldwell is getting ready to take care of the stormwater on the citizens back incase they lose the Pioneer Irrigation lawsuit because it looks like they will probably need the money. They have already spent over 2 million of our tax dollars and if they lose they will need additional money to pay for it. Is this responsible leadership or is it another one of those instances where this administration doesn't want to listen to anyone that disagrees with them.
ReplyDeleteI see a common thread in municipal mismanagement of funds. They never want to have a surplus of funds in order to be prepared financially when unforeseen issues occur such as new epa mandates.Since they always spend OUR last dime,they will never have an option other than to raise fees, taxes or assesments. These increases don't go away once the "emergency problem" is solved, they just continue to heap the funds upon the kings pile of gold for his latest folly.
ReplyDeleteI see Couer d Alene has suspended their storm water fees
ReplyDelete