Bolt v. City of Lansing

In its opinion today, the majority holds that the Lansing “storm water service charge is a tax, for which approval is required by a vote of the people,” ante at 154.1 respectfully dissent. Because the storm water disposal system benefits every landowner who uses the system and the Lansing ordinance reasonably calculates the fee on the basis of each landowner’s use, I find that the ordinance imposes a fee, not a tax, on Lansing residents. I would affirm the decision of the Court of Appeals.

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A rather complex procedural quagmire spawned this case. Section 301 of the Federal Water Pollution…