INDEPENDENT SCH. DIST. v. CITY OF LEWISTON

No. 38116.

264 P.3d 907 (2011)

LEWISTON INDEPENDENT SCHOOL DISTRICT #1, an Idaho body politic and corporate; Lewis-Clark State College, an Idaho body politic and corporate; Nez Perce County, a legal subdivision of the State of Idaho; Port of Lewiston, a publicly created port district within Nez Perce County, Idaho; and Lewiston Orchards Irrigation District, a duly organized irrigation district within Nez Perce County, Idaho, Plaintiffs-Respondents, v. CITY OF LEWISTON, an Idaho municipal corporation, Defendant-Appellant.

Supreme Court of Idaho, Moscow, September 2011 Term.

November 7, 2011.


Attorney(s) appearing for the Case

Lewiston City Attorney, Lewiston, for appellant. Jamie C. Shropshire argued.

Creason, Moore, Dokken & Geidl, PLLC, Lewiston, for respondents. Theodore O. Creason and Todd D. Geidl argued.


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 entities1 ("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...

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