Amherst Builders Ass'n v. City of Amherst

The primary issue presented by this appeal is whether a municipality has the authority to exact from a new user of its sewage system a charge which exceeds the administrative cost to the city of making the connection. In answering this question in the negative, the Court of Common Pleas relied heavily on its interpretation of State, ex rel. Waterbury Development Co., v. Witten (1978), 54 Ohio St. 2d 412. While the village therein, at page 413, had argued, as does appellee herein, that the purpose of a tap-in fee was “to apportion the cost of the***system equitably between prior users and new…