City of Lewiston v. Gladu

Beginning in 2007, the City of Lewiston assessed stormwater fees on Robert Gladu's property, which contained a small shopping mall and parking lot, pursuant to the City's stormwater ordinance. The ordinance at issue created the Stormwater Management Utility and gave it the authority to assess and collect fees for stormwater management system and facilities. Gladu did not pay the fees, and in 2010, the City filed a civil complaint alleging that Gladu owed the City for unpaid stormwater fees. Both parties filed motions for summary judgment. In his motion, Gladu argued that the stormwater assessment was a tax, not a fee, and that the Utility was not authorized to impose a tax. The superior court granted the City's motion and denied Gladu's motion and ordered that Gladu pay the delinquent stormwater fees, interest, attorney fees, collection costs, and a penalty. The Supreme Court affirmed, holding (1) under the test set forth in Butler v. Supreme Judicial Court, the stormwater assessment is a fee and not a tax; and (2) the superior court did not err in awarding a civil penalty, attorney fees, and other costs. View "City of Lewiston v. Gladu" on Justia Law