Morningstar v. Bush

KAREN R. BAKER, Justice.

|, The Board of Directors of the City of Hot Springs adopted Ordinance No. 5629 (the “Ordinance”) on January 8, 2008. The ordinance established a Stormwater Utility Fund (the “Fund”) and imposed a Stormwater Utility Fee (the “Fee”) on municipal utility accounts within the City of Hot Springs’s (the “City”) corporate limits. The Ordinance fixed a fee of $6 per month for commercial and industrial accounts and $3 per month for residential accounts. On appeal, appellants assert that the circuit court’s decision upholding the ordinance |9is erroneous (1) because the Fee is…