Wessels Co., LLC v. Sanitation Dist. No. 1

OPINION

KNOPF, Senior Judge.

At issue in this appeal is the statutory authority of appellee Sanitation District No. 1 of Northern Kentucky (the “district”) to implement a system for managing of storm water runoff and to impose a fee in connection with that service. The Boone Circuit Court entered summary judgment on appellants’ claim that KRS Chapter 220 does not afford the district authority to manage separate storm water sewer systems or permit a storm water surcharge. The trial court concluded that the district’s storm water management program falls within the enumeration of functions set…