Brockmann Enterprises, LLC v. City of New Haven

OPINION ON REHEARING

BAILEY, Judge.

The City of New Haven (“City”), the City’s Department of Storm Water Management (“Department”), the Department’s Board of Directors (“Board”), and the City’s Storm Water Taxing District (collectively “Defendants”) filed a Petition for Rehearing of this Court’s Opinion of February 21, 2007, invalidating certain provisions of City Ordinance G-04-02 (“Ordinance”). For the reasons described below, we grant the Petition for Rehear*1132ing, vacate our Opinion of February 21, 2007, and affirm the trial court’s order of April 26, 2006.

Facts and Procedural History

During…