Lewiston Independent School District 1 v. City of Lewiston

W. JONES, Justice.

I. Nature of the Case

The City of Lewiston (“City”) enacted Ordinance No. 4512, creating a stormwater utility and stormwater fee for the operation and maintenance of the City’s stormwater system. Five government entities 1 (“Entities”) subject to the stormwater fee brought suit seeking a declaratory judgment that the fee was an unconstitutional tax requiring authorization by the Legislature. The Entities thereafter filed their motion for summary judgment. The City filed its cross-motion for summary judgment asserting that the stormwater fee was authorized pursuant to the…