Hill-Vu Mobile Home Park v. City of Pocatello

EISMANN, Justice.

This is an appeal out of Bannock County from a judgment dismissing an action seeking to recover money unlawfully collected by the City of Pocatello from users of the City’s water and sewer systems. We vacate the judgment and remand this case for further proceedings that are consistent with this opinion.

I

Factual Background.

The City of Pocatello (“City”) owns and operates water and sewer systems for City residents. In 2006, the city government decided that the City should be able to operate its water and sewer systems at a profit like private utilities. By law, the City is…