City of Marion v. Baioni

Tom Glaze, Justice.

This case involves certain sewer and water “tap and access fees” the City of Marion has charged appellees, as developers of residential land in and around the city. Marion has experienced a considerable growth in population since 1975, and this influx of new people has resulted in the city exceeding the design capacity of both its water and sewer systems. Between July of 1988 and August of 1990, the city enacted a series of ordinances that placed “tapping fees” on builders or lot owners connecting on to the city’s existing water and sewer systems and required “access fees”…