LOCAL REVENUE: THE WESSELLS CO. LLC V. THE SANITATION DISTRICT NO. 1 OF NORTHERN (COA 3/9/2007)

THE WESSELLS CO. LLC V. THE SANITATION DISTRICT NO. 1 OF NORTHERN KENTUCKY
REVENUE AND TAXATION:  Local fees 
2005-CA-002418
PUBLISHED: AFFIRMING;  KNOPF (SENIOR JUDGE)
DATE RENDERED: 3/9/2007

ISSUE: Does the Northern KY Sanitation District have the statutory authority to implement a system for managing of storm water runoff and to impose a fee in connection with that service?

ANSWER: YES.

Boone Circuit Court entered summary judgment on business owners’ claim that KRS 220 does not grant the sanitation district authority the ability to manage separate storm water sewer systems or allows a surcharge. The TC & the CA both concluded that the sanitation district’s storm water management program falls under functions set out in KRS 220.030 and that the surcharge was specifically allowed in KRS 220.515 and 510. CA states: "A plain reading of the statutes makes clear the legislature’s intent that the management, treatment, and disposal of storm water runoff is a matter to be addressed by sanitation districts."

Digested by Paul O’Bryan