Regency Park, LP v. City of Topeka

The opinion of the court was delivered by

Larson, J.:

In this consolidated appeal, plaintiffs, Regency Park, LP, et al., and Tarwater, Inc. et al., paid stormwater utility charges under City of Topeka (City) ordinances which were later declared invalid and appeal the trial court’s decision that they are not entitled to be reimbursed by the City for amounts paid under the ordinances.

The facts are not in dispute and reveal the following history of these two cases.

On July 7, 1992, the City adopted Ordinance Nos. 16472 and 16473 (collectively, the ordinance) which established a stormwater utility…