Roseburg School District v. City of Roseburg

CARL N. BYERS, Judge.

Petitioners are interested taxpayers seeking a determination that respondent’s storm drainage fee is subject to the limits of Article XI, section lib, of the Oregon Constitution (section lib). Both parties filed Motions for Summary Judgment.

STORM DRAINAGE ORDINANCE

Respondent imposes a fee for the service provided by its storm drainage system:

“Except as the fees may be reduced or eliminated under Subsection 5.40.050E, the obligation to pay storm drainage fees arises when a person responsible uses storm drainage services. It is presumed that storm drainage services are used…