Carrillo v. City of Ocean Shores

The City of Ocean Shores required owners of vacant lots within the City limits (owners) to pay water and sewer “availability charges,” although their properties were not connected to the City’s water and sewer systems. The owners of these vacant lots sued the *597City, claiming the charges were unconstitutional property taxes and not permissible regulatory fees. The trial court granted the owners summary judgment.

The City appeals, claiming that the charges are permissible and authorized by statute; that the trial court erred by rejecting the City’s affirmative defenses of laches, waiver, and…