Town of Taylorsville v. Modern Cleaners

HEDRICK, Judge.

Assuming arguendo that the ordinance dated 1 July 1975 increasing the rates for sewer only users was duly enacted, the question before us is whether the trial court erred in concluding that “the sewer rates of the Plaintiff when applied to the Defendant are not arbitrary, discriminatory, or an abuse of the Legislative authority of the Plaintiff . . . .”

A city’s authority to own, operate, and finance a public utility is derived from the legislature. G.S. 160A-311, et seq. G.S. 160A-314(a) provides in pertinent part:

“A city may establish and revise from time to time schedules of…